Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 introduced in Lok Sabha

Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (Bill No. 174 of 2023) is introduced in Lok Sabha on 12th December 2023. The bill seek to replace The Code of Criminal Procedure, 1973. Earlier bill presented was withdrawn by Home Minister Amit Shah.

STATEMENT OF OBJECTS AND REASONS

The Code of Criminal Procedure, 1973 regulates the procedure for arrest, investigation, inquiry and trial of offences under the Indian Penal Code and under any other law governing criminal offences. The Code provides for a mechanism for conducting trials in a criminal case. It gives the procedure for registering a complaint, conducting a trial and passing an order, and filing an appeal against any order.

2. Fast and efficient justice system is an essential component of good governance. However, delay in delivery of justice due to complex legal procedures, large pendency of cases in the Courts, low conviction rates, insufficient use of technology in legal system, delays in investigation system, inadequate use of forensics are the biggest hurdles in speedy delivery of justice, which impacts the poor man adversely. In order to address these issues a citizens centric criminal procedure is the need of the hour.

3. The experience of seven decades of Indian democracy calls for a comprehensive review of our criminal laws, including the Code of Criminal Procedure and adapt them in accordance with the contemporary needs and aspirations of the people.

4. The Government with the mantra, “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” is committed to ensure speedy justice to all citizens in conformity with these constitutional and democratic aspirations. The Government is committed to make a comprehensive review of the framework of criminal laws to provide accessible and speedy justice to all.

5. In view of the above, it is proposed to repeal the Code of Criminal Procedure, 1973 and enact a new law. It provides for the use of technology and forensic sciences in the investigation of crime and furnishing and lodging of information, service of summons, etc., through electronic communication. Specific time-lines have been prescribed for time bound investigation, trial and pronouncement of judgements. Citizen centric approach have been adopted for supply of copy of first information report to the victim and to inform them about the progress of investigation, including by digital means. In cases where punishment is 7 years or more, the victims shall be given an opportunity of being heard before withdrawal of the case by the Government. Summary trial has been made mandatory for petty and less serious cases. The accused persons may be examined through electronic means, like video conferencing. The magisterial system has also been streamlined.

6. Accordingly, a Bill, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023 was introduced in the Lok Sabha on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs for its consideration and report. The Committee after deliberations made its recommendations in its report submitted on 10th November, 2023. The recommendations made by the Committee have been considered by the Government and it has been decided to withdraw the Bill pending in the Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the Committee that have been accepted by the Government.

7. The Notes on Clauses explains the various provision of the Bill.

8. The Bill seeks to achieve the above objectives.

NEW DELHI;
The 9th December, 2023.

AMIT SHAH.

Notes on clauses

Clause 1 of the Bill seeks to provide for short title, extent and commencement.

Clause 2 of the Bill seeks to define certain words and expressions used in the proposed legislation such as audio-video electronic means, bail, bail bond, bond, electronic communication, etc.

Clause 3 of the Bill relates to Construction of references.

Clause 4 of the Bill relates to trial of offences under the Bharatiya Nyaya Sanhita, 2023 and other laws.

Clause 5 of the Bill relates to savings.

It provides, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure under any other law for the time being in force.

Clause 6 of the Bill relates to classes of Criminal Courts.

It provides that besides the High Courts and the Courts constituted under any law, other than this Sanhita, the Criminal Courts are established, namely, Courts of Session; Judicial Magistrates of the first class; Judicial Magistrates of the second class; and Executive Magistrates.

Clause 7 of the Bill relates to Territorial divisions.

It provides that every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.

Clause 8 of the Bill relates to Court of Session.

It provides the State Government shall establish a Court of Session for every sessions division, presided over by a Judge, to be appointed by the High Court.

It further explains the term “appointment”.

Clause 9 of the Bill relates to Courts of Judicial Magistrates.

It provides in every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification specify.

Clause 10 of the Bill relates to Chief Judicial Magistrate and Additional Chief Judicial Magistrate.

It provides in every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

Clause 11 of the Bill relates to Special Judicial Magistrates.

It provides the High Court may, if requested by the Central or State Government, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area and such Magistrates shall be called Special Judicial Magistrates.

It also provides that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

Clause 12 of the Bill relates to local jurisdiction of Judicial Magistrates. Clause 13 of the Bill relates to subordination of Judicial Magistrates.

It provides Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

It also provides that the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business amongst the Judicial Magistrates subordinate to him.

Clause 14 of the Bill relates to Executive Magistrates.

It provides that in every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates.

Clause 15 of the Bill relates to Special Executive Magistrates.

It provides that the State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates.

Clause 16 of the Bill relates to local Jurisdiction of Executive Magistrates.

It provides the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested.

Clause 17 of the Bill relates to subordination of Executive Magistrates.

It provides all Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject to the general control of the District Magistrate.

Clause 18 of the Bill relates to appointment of Public Prosecutors, Additional Public Prosecutor and Special Public Prosecutor.

It further explains the terms “regular Cadre of Prosecuting Officers” and “Prosecuting Officer”.

Clause 19 of the Bill relates to appointment of Assistant Public Prosecutors. Clause 20 of the Bill relates to Directorate of Prosecution.

It provides the State Government may establish Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution and a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit and appointment, powers and functions thereof.

Clause 21 of the Bill relates to Courts by which offences are triable.

It provides any offence may be tried by the High Court, or the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable.

Clause 22 of the Bill relates to sentences High Courts and Sessions Judges may pass.

It provides that High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Clause 23 of the Bill relates to sentences which Magistrates may pass.

It provides the Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both or of community service.

It further explains the term “community service”.

Clause 24 of the Bill relates to sentence of imprisonment in default of fine.

Clause 25 of the Bill relates to sentence in cases of conviction of several offences at one trial.

It provides that the court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.

Clause 26 of the Bill relates to mode of conferring powers.

It provides the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.

Clause 27 of the Bill relates to powers of officers appointed.
Clause 28 of the Bill relates to withdrawal of powers.

It provides the High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred on any person or by any officer subordinate to it.

Clause 29 of the Bill relates to powers of Judges and Magistrates exercisable by their successors-in-office.

Clause 30 of the Bill relates to powers of superior officers of police.

It provides that the police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

Clause 31 of the Bill relates to public when to assist Magistrates and police.

It provides that every person be bound to assist a Magistrate or police officer reasonably demanding his aid under given circumstances.

Clause 32 of the Bill relates to aid to person, other than police officer, executing warrant.

It provides that a warrant be directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed were near at hand and acting in the execution of the warrant.

Clause 33 of the Bill relates to public to give information of given offences under this clause.

Clause 34 of the Bill relates to duty of officers employed in connection with affairs of a village to make certain report.

Clause 35 of the Bill relates to circumstances leads to arrest without warrant by the police officer.

Clause 36 of the Bill relates to procedure of arrest and duties of officer making arrest. Clause 37 of the Bill relates to designated police officer.

It provides that the State shall establish a Police control room in every district and at State level and designate a police officer.

Clause 38 of the Bill relates to right of arrested person to meet an advocate of his choice during interrogation.

Clause 39 of the Bill relates to arrest on refusal to give name and residence.

It provides that any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

Clause 40 of the Bill relates to arrest by private person and procedure on such arrest.

It provides that any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender.

Clause 41 of the Bill relates to arrest by Magistrate.

It provides that any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

Clause 42 of the Bill relates to protection of members of Armed Forces from arrest.

It provides that no member of the Armed Forces shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.

Clause 43 of the Bill relates to arrest how made.

Clause 44 of the Bill relates to search of place entered by person sought to be arrested.

Clause 45 of the Bill relates to pursuit of offenders into other jurisdictions.

It provides that police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

Clause 46 of the Bill relates to unnecessary restraint against arrested person.

It provides that person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Clause 47 of the Bill relates to person arrested to be informed of grounds of arrest and of right to bail.

It provides that every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest and he shall also inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

Clause 48 of the Bill relates to obligation of person making arrest to inform about the arrest, etc., to relative, friend or such other person as may be disclosed or nominated by him also to the designated police officer in the District.

Clause 49 of the Bill relates to search of arrested person.

It provides that the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing and whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Clause 50 of the Bill relates to power to seize offensive weapons.

Clause 51 of the Bill relates to examination of accused by medical practitioner at request of police officer and whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

It also provides that the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.

It further explains the terms “examination” and “registered medical practitioner”.

Clause 52 of the Bill relates to examination of person accused of rape by medical practitioner.

It provides that the registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination mentioning the given particulars and without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in clause 193 as part of the documents referred to in item (a) of sub-clause (6) of that clause.

Clause 53 of the Bill relates to examination of arrested person by medical officer.

It provides that any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made and subject to certain exceptions and where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

Clause 54 of the Bill relates to identification of person arrested for the purpose of investigation.

Clause 55 of the Bill relates to procedure when police officer deputes subordinate to arrest without warrant.

Clause 56 of the Bill provides that it shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

Clause 57 of the Bill relates provides that a police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Clause 58 of the Bill relates to person arrested not to be detained more than twenty-four hours.

It clarifies that no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not.

Clause 59 of the Bill relates to Police to report apprehensions.

It provides that officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

Clause 60 of the Bill relates to discharge of person apprehended.

It provides that no person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate.

Clause 61 of the Bill relates to power, on escape, to pursue and retake.

It provides that a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

Clause 62 of the Bill relates to arrest to be made strictly according to the Sanhita.

It provides that no arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.

Clause 63 of the Bill relates to form of summons.

It provides that every summons issued by a Court shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.

Clause 64 of the Bill relates to service of summons.

Clause 65 of the Bill relates to service of summons on corporate bodies, societies, firms and other association of individuals.

It provides that service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

It further explains the term “company”.

Clause 66 of the Bill relates to service when persons summoned cannot be found.

It provides that the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

It further explains that a servant is not a member of the family within the meaning of this clause.

Clause 67 of the Bill relates to procedure when service cannot be effected as before provided.

Clause 68 of the Bill relates to service on Government servant.

It provides that the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by clause 64, and shall return it to the Court under his signature with the endorsement required by that clause and such signature shall be evidence of due service.

Clause 69 of the Bill relates to service of summons outside local limits.

It provides that when a Court desires that a summons issued shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

Clause 70 of the Bill relates to proof of service in such cases and when serving officer not present.

It provides that all summons served through electronic communication under clauses 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.

Clause 71 of the Bill relates to service of summons on witness by post.

Clause 72 of the Bill relates to form of warrant of arrest and duration.

It provides that every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court and further the warrant shall remain in force until it is cancelled by the Court which issued.

Clause 73 of the Bill relates to power to direct security to be taken.

It provides that any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody and whenever security is taken under this clause, the officer to whom the warrant is directed shall forward the bond to the Court.

Clause 74 of the Bill relates to warrants to whom directed.

Clause 75 of the Bill relates to warrant may be directed to any person.

It provides that the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

Clause 76 of the Bill relates to warrant directed to police officer.

It provides that a warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

Clause 77 of the Bill relates to notification of substance of warrant.

It provides that the police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

Clause 78 of the Bill relates to person arrested to be brought before Court without delay.

It provides the police officer or other person executing a warrant of arrest shall without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Clause 79 of the Bill provides that a warrant of arrest may be executed at any place in India.

Clause 80 of the Bill relates to warrant forwarded for execution outside jurisdiction.

Clause 81 of the Bill relates to warrant directed to police officer for execution outside jurisdiction.

It provides that a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

Clause 82 of the Bill inter alia provides that when a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under clause 73, be taken before such Magistrate or District Superintendent or Commissioner.

Clause 83 of the Bill relates to procedure by Magistrate before whom such person arrested is brought.

It provides that the Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court with given circumstances.

Clause 84 of the Bill relates to proclamation for person absconding.

It provides that any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation and the proclamation shall be published in the given circumstances.

Clause 85 of the Bill relates to attachment of property of person absconding.

It inter alia provides that the Court issuing a proclamation, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

Clause 86 of the Bill relates to identification and attachment of property of proclaimed person.

It provides the Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.

Clause 87 of the Bill relates to claims and objections to attachment.

Clause 88 of the Bill relates to release, sale and restoration of attached property.

It provides that if the proclaimed person appears or otherwise within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

Clause 89 of the Bill relates to appeal from order rejecting application for restoration of attached property.

It provides any person aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

Clause 90 of the Bill relates to issue of warrant in lieu of, or in addition to, summons. It provide a Court may issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest under given circumstances.

Clause 91 of the Bill relates to power to take bond for appearance.

It provides any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond, for his appearance in such Court, or any other Court to which the case may be transferred for trial.

Clause 92 of the Bill relates to arrest on breach of bond or bail bond for appearance.

Clause 93 of the Bill provides that the provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita.

Clause 94 of the Bill inter alia provides that whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.

Clause 95 of the Bill inter alia provides that if any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

Clause 96 of the Bill provides the circumstances under which the Court may issue search warrant empowers the District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to issue the search-warrant may be issued under given circumstances.

Clause 97 of the Bill empowers the District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to issue the search-warrant under given circumstances.

Clause 98 of the Bill relates to power to declare certain publications forfeited and to issue search-warrants for the same.

It further explains the “newspaper”, “Book” and “document”.

Clause 99 of the Bill inter alia relates to application to the High Court to set aside declaration of forfeiture made under clause 98.

Clause 100 of the Bill relates to search for persons wrongfully confined.

It provides that if District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Clause 101 of the Bill relates to power to compel restoration of abducted females.

It affords complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Clauses 102 to 104 of the Bill relating to searches.

Clauses 105 to 110 of the Bill provides the miscellaneous provisions relating to process to compel the production of things collected during the course of investigation.

Clause 111 of the Bill relates to definitions such as “proceeds of crime” and “property”, etc.

It relates to certain definitions in respect of Chapter VIII of the reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property outside India.

Clauses 112 to 124 of the Bill relates to reciprocal arrangement for assistance in given matters and procedure for attachment, forfeiture and seizure of property with contracting Sate.

It inter alia provides the provision of letter of request to competent authority for investigation in a country or place outside India.

It also seeks to provide the Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

Clause 125 of the Bill relates to security for keeping the peace on conviction under given circumstances.

Clause 126 of the Bill relates to security for keeping the peace in other cases.

It seeks to provide an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

Clause 127 of the Bill relates to security for good behaviour from persons disseminating for certain matters provided under this clause.

Clause 128 of the Bill relates to security for good behaviour from suspected persons.

It seeks to provide an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

Clause 129 of the Bill relates to security for good behaviour from habitual offenders.

It seeks to provide an Executive Magistrate receives information that there is within his local jurisdiction a person who is a habitual offender, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour under given circumstances for such period, not exceeding three years, as the Magistrate thinks fit.

Clause 130 of the Bill relates to order to be made.

It seeks to provide a Magistrate require any person to show cause under such section, shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

Clause 131 of the Bill provides that if the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

Clause 132 of the Bill relates to summons or warrant in case of person not so present.

It seeks to provide, when a person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court with certain exceptions.

Clause 133 of the Bill provides that every summons or warrant issued under clause 132 shall be accompanied by a copy of the order made under clause130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

Clause 134 of the Bill relates to power to dispense with personal attendance.

It seeks to provide the Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.

Clause 135 of the Bill relates to inquiry as to truth of information.

It seeks to provide the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

Clause 136 of the Bill relates to order to give security.

It seeks to provide that, if it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly.

Clause 137 of the Bill relates to discharge of person informed against.

It seeks to provide, if, on an inquiry under clause 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

Clause 138 of the Bill relates to commencement of period for which security is required. Clause 139 of the Bill relates to contents of bond or bail bond.

It seeks to provide that the bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond.

Clause 140 of the Bill relates to power to reject sureties.

It seeks to provide that the Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of bail bond with certain exceptions.

Clause 141 of the Bill relates to imprisonment in default of security.

It inter alia provides that if any person ordered to give security under clause 125 or clause 136, does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.

Clause 142 of the Bill relates to power to release persons imprisoned for failing to give security.

It inter alia provides that whenever the District Magistrate in the case of an order passed by an Executive Magistrate under clause 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

It also provides that the State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.

Clause 143 of the Bill relates to security for unexpired period of bond.

It seeks to provide that a person for whose appearance a summons or warrant has been issued, under given conditions appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.

Clause 144 of the Bill relates to order for maintenance of wives, children and parents.

It seeks to provide that if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, or his legitimate or illegitimate child, whether married or not, unable to maintain itself, or his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct with certain exceptions.

Explanations to explain that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried and if a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

Clause 145 of the Bill relates to jurisdiction of filing application under clause 144 and procedures for recording the evidence.

It seeks to fix the jurisdiction for making application, any person in any district where he is, or where he or his wife resides, or where he last resided with his wife, or as the case may be, with the mother of the illegitimate child or where his father or mother resides.

Clause 146 of the Bill relates to alteration in allowance.

It seeks to empowers the Magistrate to cancel, vary or alter the monthly allowance for the maintenance or interim maintenance.

Clause 147 of the Bill relates to enforcement of order of maintenance.

It seeks to provide that a copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

Clauses 148 to 167 of the Bill inter alia provides the maintenance of public order and tranquillity relates to unlawful assembly, public nuisances, urgent cases of niceness or apprehended danger and disputer as to immovable property.

Clause 168 of the Bill provides that every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

Clause 169 of the Bill provides that every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Clause 170 of the Bill inter alia empowers a police officer to arrest without warrant to prevent commission of cognizable offences and to detain in custody.

Clause 171 of the Bill provides that a police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.

Clause 172 of the Bill provides that all persons bound to conform to lawful directions of police and also empowers to detain or remove such person under given circumstances.

Clause 173 of the Bill relates to information in cognizable cases.

It provides that every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station.

It also provides that if the information is given by women against whom an offence is alleged to have been committed or attempted in the given circumstances, then such information shall be recorded, by women police officer or any women officer.

It further provides that such information shall be recorded by a police officer at the residence of the person seeking to report such offence or at convenience place, etc. if the given offence is committed or attempted against a person who is mentally or physically disabled.

It inter alia also provides that the recording of such information shall be videographed and the police officer shall get the statement of the person recorded by a Magistrate under item (a) of sub-clause (6) of clause 183 as soon as possible and a copy of the information as recorded under sub-clause (1) shall be given forthwith, free of cost, to the informant or the victim.

Clause 174 of the Bill relates to information as to non-cognizable cases and investigation of such cases.

It inter alia provides that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Clause 175 of the Bill relates to power of police officer to investigate cognizable case without the order of the Magistrate under the local jurisdiction.

Clause 176 of the Bill inter alia provides that if, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under clause 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender.

It further provides that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.

It also provides that the forensic expert shall visit the crime scene to collect forensic evidence and also cause videography of the process on mobile phone or any other electronic device if the offence is punishable with seven years or more.

Clause 177 of the Bill relates to submission of report to the Magistrate under clause176.

Clause 178 of the Bill relates to power to hold investigation or preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita.

Clause 179 of the Bill relates to police officer’s power to require attendance of witnesses and also provides that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides.

Clause 180 of the Bill inter alia provides that any police officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case and may also reduce into writing.

It further provides that such statement may also be recorded by audio-video electronic means but the statement of a woman against whom the given offence is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.

Clause 181 of the Bill inter alia provides that the statement given to a police officer shall not be signed by the person making it nor used against him.

It further explains that an omission to state a fact or circumstance in the statement referred to in sub-clause (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Clause 182 of the Bill relates to no police officer making the investigation shall induce threat or promise to record the statement.

Clause 183 of the Bill relates to recording of confessions and statements.

It provides that any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial and may also record by audio-video electronic means but no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

It further provides that Magistrate shall explain to such person that he is not bound to make confession and the same may be used as evidence against him.

It also provides that the statement of the women shall be recorded by the Magistrate preferably by woman Magistrate for the given offences.

Clause 184 of the Bill relates to medical examination of the victim of rape.

It inter alia provides that such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

It further provides that the medical report shall contain the given particulars.

It is proposed to insert Explanation to explain the terms “examination” and “registered medical practitioner”.

Clause 185 of the Bill relates to search by police officer.

It inter alia provides that whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.

Clause 186 of the Bill relates to search warrant when officer in charge of police station may require an officer in charge of another police station to issue search-warrant.

Clause 187 of the Bill relates to procedure when investigation cannot be completed in twenty-four hours.

It provides that whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.

It further provides that the Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Judicial Magistrate having such jurisdiction.

It inter alia also provides that detention of the accused may be beyond the period of fifteen days but not exceeding ninety days or sixty days in the given circumstances.

It also explains that for the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-clause (3), the accused shall be detained in custody so long as he does not furnish bail and if any question arises whether an accused person was produced before the Magistrate as required under sub-clause (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be, with certain exceptions.

Clause 188 of the Bill provides that when any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

Clauses 189 and 190 provides that the accused may be released when the evidence is not sufficient and he may be sent to the Magistrate in the case of sufficiency of the evidence.

Clause 191 of the Bill relates to complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.

Clause 192 of the Bill inter alia provides that every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

Clause 193 of the Bill relates to report of police officer on completion of investigation.

It provides that the investigation under this Chapter shall be completed without unnecessary delay and if the investigation relates to an offence against women and children, it shall be completed within two months under given circumstances.

It further provides that after the completion of investigation the report shall be forwarded to the Magistrate through electronic communication also with given particulars.

Clause 194 of the Bill inter alia provides that when the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

It further provides that any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate are empowered to hold inquests.

Clause 195 of the Bill, inter alia, provides that the police officer may issue summon to any person who appears to be acquainted with the fact for proceeding under clause 194.

It further provides that if the facts do not disclose a cognizable offence to which clause 190 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.

Clause 196 of the Bill relates to inquiry by Magistrate into cause of death.

It inter alia provides that Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-clause (1) of clause 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence where any person dies or disappears; or rape is alleged to have been committed on any woman while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate within whose local jurisdiction the offence has been committed.

It further provides that the Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-clause (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.

It also explains that in this clause, the expression “relative” means parents, children, brothers, sisters and spouse.

Clauses 197 to 209 inter alia provides for the jurisdictions of the criminal Courts in inquires and trials relating to offences, where act is done or consequence has ensue, where act is an offence by reason of relation to other offence, offences committed by means of electronic communications, letters, etc., offence committed on journey or voyage, joint trial, tried in different Sessions divisions, High Court to decide in case of doubt, district where inquiry or trial shall take place, power to issue summons or warrant for offence committed beyond local jurisdiction, offence committed outside India and receipt of evidence relating to offences committed outside India.

Clause 210 of the Bill relates to cognizance of offences by Magistrates.

It provides that any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-clause (2), may take cognizance of any offence upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence, upon a police report (submitted in any mode including electronic mode) of such facts and upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

It further provides that the Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-clause (1) of such offences as are within his competence to inquire into or try.

Clause 211 of the Bill provides that when a Magistrate takes cognizance of an offence under item (c) of sub-clause (1) of clause 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

Clause 212 of the Bill provides that any Chief Judicial Magistrate or Magistrate empowered by him may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

Clause 213 of the Bill relates to cognizance of offences by Courts of Session.

It provides that except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.

Clause 214 of the Bill relates to Additional Sessions Judges to try cases made over to them.

It provides that an Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

Clause 215 of the Bill relates to prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

It inter alia provides that no Court shall take cognizance for the given offences except on the complaint in writing by the given person of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.

Clause 216 of the Bill relates to procedure for witnesses in case of threatening, etc.

It provides that witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.

Clause 217 of the Bill provides the sanction for taking cognizance of the offences against judges and public servant.

It inter alia provides that no Court shall take cognizance of any given offence except with the previous sanction of the Central Government or of the State Government or of the District Magistrate and they may, before giving consent under sub-clause (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-clause (3) of clause 174.

Clause 218 of the Bill relates to prosecution of Judges and public servants.

It provides that when any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, under certain exceptions, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 by the Central Government or the State Government, as the case may be.

Clause 219 of the Bill relates to prosecution for offences against marriage.

It provides that under certain exceptions no Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence.

Clause 220 of the Bill relates to prosecution of offences under section 85 of the Bharatiya Nyaya Sanhita, 2023.

It provides that no Court shall take cognizance of an offence under that section except upon a police report or complaint made by the person specified therein.

Clause 221 of the Bill relates to cognizance of offence.

It provides that no Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been file or made by the wife against the husband.

Clause 222 of the Bill relates to prosecution for defamation.

It provides that no Court shall take cognizance of an offence punishable under section 354 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence, subject to certain exceptions.

It further provides that when any offence is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor and such complaint shall be made by the Public Prosecutor with the sanction of the Central Government and the State Government, as the case may be.

Clause 223 of the Bill relates to examination of complainant and taking cognizance thereof but no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.

Clause 224 of the Bill relates to procedure by Magistrate not competent to take cognizance of the case.

It provides that if the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect and if the complaint is not in writing, direct the complainant to the proper Court.

Clause 225 of the Bill relates to postponement of issue of process.

It inter alia provides that under certain exceptions any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.

Clause 226 of the Bill relates to dismissal of complaint.

It provides that the complaint may be dismissed by the Magistrate under given circumstances.

Clause 227 of the Bill relates to issue of process.

It provides that the Magistrate may issue summon or warrant by electronic means for the attendance of the accused.

Clause 228 of the Bill relates to Magistrate may dispense with personal attendance of accused but at any stage of the proceedings, he may direct the personal attendance.

Clause 229 of the Bill relates to special summons in cases of petty offence.

It provides that the Magistrate taking cognizance of a petty offence, issue special summons to the accused requiring him either to appear in person or by advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate.

It further explains the term “petty offence”.

Clause 230 of the Bill relates to supply to the accused of copy of police report and other documents.

It provides that the Magistrate shall supply of the police report and other given documents to the accused and the victim free of cost.

It further provides that the Magistrate may, after perusing any such part of a given statement and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused and if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through advocate in Court.

Clause 231 of the Bill relates to supply of copies of statements and documents to accused in other cases triable by Court of Session.

It provides when a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under clause 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost.

Clause 232 of the Bill relates to commitment of case to Court of Session when offence is triable exclusively by it.

It provides when a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, commit within the stipulated period, after complying with the provisions of clause 230 or clause 231.

Clause 233 of the Bill inter alia provides that when in a case instituted otherwise than on a police report, it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

Clauses 234 to 247 of the Bill relates to charge.

It provides for contents of charge containing the name, section of law, previous conviction, particulars as to time, place and person, etc., manner of the commission of the offence, effect of errors in the charge and alteration thereof and recalling of witnesses after alteration of charge, etc.

It further provides for the joinder of charges, when separate charge for distinct offences may be framed, and offences of same kind committed within a year may be charged together.

It inter alia also provides that if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence and if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences.

Clause 248 of the Bill provides that every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

Clause 249 of the Bill relates to opening case for prosecution.

It provides that after the completion of appearance of the accused the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Clause 250 of the Bill relates to discharge.

It provides that the accused may prefer an application for discharge within a period of sixty days from the date committal under clause 232 and if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Clause 251 of the Bill provides that if, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge and if not exclusively triable by him , he may, frame a charge against the accused and, by order transfer the case for trial to the competent court.

It further provides that the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Clause 252 of the Bill relates to conviction on plea of guilty.

It provides that if the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.

Clause 253 of the Bill relates to date for prosecution evidence.

It provides that if the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under clause 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

Clause 254 of the Bill relates to evidence for prosecution.

It provides that on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

It further provides that the evidence of any witness, public servant or police officer may be taken into audio-video electronic means.

Clause 255 of the Bill relates to acquittal.

It provides that if after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

Clause 256 of the Bill relates to entering upon defence.

It provides that where the accused is not acquitted under clause 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

It further provides for filing written statement by the accused and the issuance of process on his application for compelling the attendance of any witness or the production of any document or thing.

Clause 257 of the Bill relates to arguments.

It provides that the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply, subject to certain conditions.

Clause 258 of the Bill relates to judgment of acquittal or conviction.

It provides that after hearing arguments of the prosecution and defence and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of forty-five days from the date of completion of arguments, which may be extended to a period of sixty days for reasons to be recorded in writing.

Clause 259 of the Bill relates to previous conviction.

It inter alia provides that a previous conviction is charged under the provisions of sub-clause (7) of clause 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under clause 252 or clause 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon, subject to certain conditions.

Clause 260 of the Bill inter alia provides that a Court of Session taking cognizance of an offence under sub-clause (2) of clause 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate.

It also provides for giving compensation to the accused if acquisition is made with no reasonable cause.

Clauses 261 to 266 provides for trial of warrant-cases instituted on a police report.

It inter alia provides for the compliance of the provisions of clause 230, discharge of the accused on groundless acquisition, framing of charge if there is ground for presuming that the accused has committed the offence within a period of sixty days from the date of first hearing of charge, conviction of accused on plea of guilty, evidence for prosecution if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under clause 264, evidence for defence and examination of witness by audio-video electronic means at the designated place, etc.

Clauses 267 to 270 provides for trial of warrant-cases instituted otherwise than on police report.

It inter alia provides for evidence for prosecution, discharge of accused in the given circumstances, the procedure where accused is not discharged, and the evidence for defence.

Clauses 271 to 273 of the Bill provides for the conclusion of trial.

Clause 271 provides that if, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal and where, in any case under Chapter XX, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of clause 364 or clause 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

Clause 272 of the Bill provides that if the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

Clause 273 of the Bill provides for compensation for accusation without reasonable cause if it is made on unreasonable ground.

Clauses 274 to 282 provides for trial of summon cases by Magistrate.

It provides that when in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge, subject to certain condition.

Clause 275 of the Bill relates to conviction on plea of guilty.

It provides that the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

Clause 276 of the Bill provides that where a summons has been issued under clause 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.

Clause 277 of the inter alia provides that if the Magistrate does not convict the accused under clause 275 or clause 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

Clause 278 of the Bill provides that if the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal and where the Magistrate does not proceed in accordance with the provisions of clause 364 or clause 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.

Clause 279 of the Bill provides that in case of non-appearance or death of complainant, the Magistrate shall after giving thirty days’ time to him, acquit the accused or adjourned the proceeding subject to certain exceptions.

Clause 280 of the Bill relates to withdrawal of complaint.

It provides that a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Clause 281 of the Bill relates to power to stop proceedings in certain cases.

It provides that any summons-case instituted otherwise than upon complaint, a Magistrate of the first class, or with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

Clause 282 of the Bill relates to power of Court to convert summons-cases into warrant-cases.

It provides that when in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may re-call any witness who may have been examined.

Clauses 283 to 288 provides for summary trial, which inter alia proposes the powers of the Chief Judicial Magistrate, and the Magistrate of the first class to try summarily for the given offences, powers of the Magistrate second class, to try summarily for the given offences, procedure and record of such trial, judgment and language thereof.

Clause 289 of the Bill provides that the plea bargaining shall apply to the given person.

Clause 290 of the Bill relates to application for plea bargaining to be file within a period of thirty days from the date of framing of charge. It further provides to issue the notice to the public prosecutor or the complainant on the date fixed in this regard by the Court and the proceeding in camera.

Clause 291 of the Bill provides that in working out a mutually satisfactory disposition under clause (a) of sub-clause (4) of clause 290, the Court shall follow the given procedure and also ensure that process is voluntarily by the parties in meeting.

Clause 292 of the Bill provides that after satisfactory disposition under clause 291 the Court shall prepare a report of it and shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-clause (1) of clause 290 has been filed in such case.

Clause 293 of the Bill relates to disposal of the case.

It provides that where a satisfactory disposition of the case has been worked out under clause 292, the Court shall dispose of the case in the given manner.

Clause 294 of the Bill relates to judgment of the Court.

It provides that the Court shall deliver its judgment in terms of clause 293 in the open Court and the same shall be signed by the presiding officer of the Court.

Clause 295 of the Bill relates to finality of the judgment.

It provides that the judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.

Clause 296 of the Bill relates to power of the Court in plea bargaining.

It provides that Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita.

Clause 297 of the Bill relates to period of detention undergone by the accused to be set off against the sentence of imprisonment.

It provides that the provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita.

Clause 298 of the Bill relates to savings.

It provides that the provisions of Chapter XXIII shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.

Explanation to explain the term “public prosecutor”.

Clause 299 of the Bill relates to statements of accused not to be used.

It provides that notwithstanding anything in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.

Clause 300 of the Bill relates to non-application of the Chapter.

It provides that nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Clause 301 of the Bill provides definitions of terms “detained” and “prison”. Clause 302 of the Bill relates to power to require attendance of prisoners.

It inter alia provides that whenever, in the course of an inquiry, trial or proceeding under this Sanhita it appears to a Criminal Court that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him or that it is necessary for the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or for giving evidence.

Clause 303 of the Bill relates to power of State Government or Central Government to exclude certain persons from operation of clause 302.

It inter alia provides that the State Government or the Central Government, as the case may be, may, at any time, having regard to the matters specified in sub-clause (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under clause 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons.

Clause 304 of the Bill relates to officer in charge of prison to abstain from carrying out order in certain contingencies.

It provides that where the person in respect of whom an order is made under clause 302, the officer in charge of the prison shall abstain from carrying out the court order under the give contingencies and shall send to the court a statement of reason for so abstaining.

Clause 305 of the Bill relates to prisoner to be brought to Court in custody.

It provides that subject to the provisions of clause 304, the officer in charge of the prison shall, upon delivery of an order made under sub-clause (1) of clause 302 and duly countersigned, where necessary, under sub-clause (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.

Clause 306 of the Bill relates to power to issue commission for examination of witness in prison.

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under clause 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Clause 307 of the Bill relates to language of Courts.

It provides that the State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court.

Clause 308 of the Bill relates to evidence to be taken in presence of accused.

It provides that except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified the State Government subject to given exceptions.

Explanation to explain the term “accused”.

Clause 309 of the Bill relates to record in summons-cases and inquiries.

It provides that all summons-cases tried before a Magistrate, in all inquiries under clauses 164 to 167 (both inclusive), and in all proceedings under clause 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court, subject to given exceptions.

Clause 310 of the Bill relates to record in warrant-cases.

It provides that in all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf and the evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.

Clause 311 of the Bill relates to record in trial before Court of Session.

It inter alia provides that in all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

Clause 312 of the Bill relates to language of record of evidence.

It provides that in every case within given exception where evidence is taken down under clauses 310 or 311, if the witness gives evidence in the language of the Court, it shall be taken down in that language, if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record and where evidence is taken down in a language other than the language of the

Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record.

Clause 313 of the Bill relates to procedure in regard to such evidence when completed.

It provides that as the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader advocate, if he appears by pleader an advocate, and shall, if necessary, be corrected and in case of denial of any part of the evidence, memorandum in this regard shall be made.

Clause 314 of the Bill relates to interpretation of evidence to accused or his advocate.

It provides that whenever any evidence is given in a language not understood by the accused, or give in language other than the language of the Court not understood by the advocate also and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.

Clause 315 of the Bill relates to remarks respecting demeanour of witness.

It provides that when a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

Clause 316 of the Bill relates to record of examination of accused.

It inter alia provides that whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.

Clause 317 of the Bill relates to interpreter to be bound to interpret truthfully.

It provides that when services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

Clause 318 of the Bill relates to record in High Court.

It provides that every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.

Clause 319 of the Bill relates to when attendance of witness may be dispensed with and commission issued.

It provides that whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of Chapter XXV but where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.

It further provides that the expenses and fees pertaining to commission shall be paid by the prosecution.

Clause 320 of the Bill relates to commission to whom to be issued.

It inter alia provides that if the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found and in case of the State or area where the Sanhita does not apply Commission shall be directed to such Court or Officer as the Central Government may by notification specify.

Clause 321 of the Bill relates to execution of Commissions.

It provides that upon receipt of the commission, the Chief Judicial Magistrate or Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.

Clause 322 of the Bill relates to parties may examine witnesses.

It provides that the parties to the proceedings of the case may examine, cross examine and re-examine the witness.

Clause 323 of the Bill relates to return of commission.

It provides that after the execution of the commission issued under clause 319, shall be returned with deposition of the witness examined thereunder, to the Court or Magistrate who has issued the commission.

Clause 324 of the Bill relates to adjournment of proceeding.

It provides that in every case in which a commission is issued under clause 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Clause 325 of the Bill relates to execution of foreign commissions.

It provides that the provisions of clause 321 and so much of clause 322 and clause 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the given Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under clause 319.

Clause 326 of the Bill relates to deposition of medical witness.

It provides that the deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness.

Clause 327 of the Bill relates to identification report of Magistrate.

It provides that any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness under given exception.

Clause 328 of the Bill relates to evidence of officers of the Mint.

It inter alia provides that any document purporting to be a report under the hand of any such gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such officer is not called as a witness.

Clause 329 of the Bill relates to reports of certain Government scientific experts.

It inter alia provides that any document purporting to be a report under the hand of a given Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.

Clause 330 of the Bill relates to no formal proof of certain documents.

It inter alia provides that where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply under given exceptions.

Clause 331 of the Bill relates to affidavit in proof of conduct of public servants.

It provides that when any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

Clause 332 of the Bill relates to evidence of formal character on affidavit.

It provides that the evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita.

Clause 333 of the Bill provides that affidavits to be used before any Court under this Sanhita may be sworn or affirmed before the given person and such affidavit shall be confined to and shall state separately such facts as the deponent is able to proof and has reasonable ground to believe to be true.

Clause 334 of the Bill relates to previous conviction or acquittal how proved.

It provides that in any inquiry, trial or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force in the given circumstances.

Clause 335 of the Bill relates to record of evidence in absence of accused.

It provides that if it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

Clause 336 of the Bill relates to evidence of public servants, experts, police officers in certain cases.

It provides that where any document or report prepared by the given public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report under given exceptions.

It also provides that their deposition may be allowed through audio-video electronic means.

Clause 337 of the Bill relates to person once convicted or acquitted not to be tried for same offence.

It inter alia provides that a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-clause (1) of clause 244, or for which he might have been convicted under sub-clause (2) thereof.

It further provides that a person acquitted or convicted of any offence may be afterwards tried, under given circumstances.

Explanation to explain that the dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.

Clause 338 of the Bill relates to appearance by Public Prosecutors.

It provides that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal and such person may also submit written argument after the evidence is closed in the case.

Clause 339 of the Bill relates to permission to conduct prosecution.

It provides that any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission and no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

Clause 340 of the Bill relates to right of person against whom proceedings are instituted to be defended.

It provides that any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice.

Clause 341 of the Bill relates to legal aid to accused at State expense in certain cases.

It provides that where, in a trial or appeal before a Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense of the State and the High Court may, with the previous approval of the State Government, make rules for the given purpose.

Clause 342 of the Bill relates to procedure when corporation or registered society is an accused.

It provides that where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation and the appointment may be made by a statement in writing purporting to be signed by the given person.

Clause 343 of the Bill relates to tender of pardon to accomplice.

It inter alia provides that with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

Clause 344 of the Bill relates to power to direct tender of pardon.

It provides that at any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.

Clause 345 of the Bill relates to trial of person not complying with conditions of pardon.

It provides that where, in regard to a person who has accepted a tender of pardon made under clause 343 or clause 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence.

It further provides that such person shall not be tried jointly or for the offence of the giving false evidence under the given circumstances and the evidence so taken may be given against him.

Clause 346 of the Bill relates to power to postpone or adjourn proceedings.

It provides that in every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded under given exceptions.

Explanations to explain the reasonable cause for a remand and the payment of costs by the prosecution or the accused.

Clause 347 of the Bill relates to local inspection.

It provides that any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.

Clause 348 of the Bill relates to power to summon material witness, or examine person present.

It provides that any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

Clause 349 of the Bill relates to power of Magistrate to order person to give specimen signatures or handwriting.

It provides that if a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample, subject to given conditions.

Clause 350 of the Bill relates to expenses of complainants and witnesses.

It provides that subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita.

Clause 351 of the Bill relates to power to examine the accused.

It provides for examination of accused after examination of prosecution witnesses and for such examination, the administration of oath shall not be required and the accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

It further provides that the Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

Clause 352 of the Bill relates to oral arguments and memorandum of arguments.

It provides for submitting memorandum of arguments after the completion of oral arguments and to provide copies of such memorandum to the opposite party but no adjournment shall be allowed for filing the written argument.

Clause 353 of the Bill relates to accused person to be competent witness.

It provides that any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial under given exceptions.

Clause 354 of the Bill relates to no influence to be used to induce disclosure.

It provides that except as provided in clauses 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

Clause 355 of the Bill relates to provision for inquiries and trial being held in the absence of accused in certain cases.

It provides that at any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

Explanation to explain that for the purpose of this clause, personal attendance of the accused includes attendance through audio-video electronic means.

Clause 356 of the Bill relates to inquiry, trial or judgment in absentia of proclaimed offender.

It provides that when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment but the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge.

It further provides that the Court shall ensure that the given procedure has been complied with before proceeding under sub-clause (1).

Clause 357 of the Bill relates to procedure where accused does not understand proceedings.

It provides that the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Clause 358 of the Bill relates to power to proceed against other persons appearing to be guilty of offence.

It provides that where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed and such person may be arrested or summoned or detained for inquiry into or trial.

Clause 359 of the Bill relates to compounding of offences.

It inter alia provides that the offences specified in sub-clause (1) may be compounded by the given person and in sub-clause (2) the offences may be compounded with the permission of the Court.

Clause 360 of the Bill relates to withdrawal from prosecution.

It provides that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.

It further provides the consequences upon withdrawal and the permission of the Central Government and opportunity of being heard to the victim prior to such withdrawal.

Clause 361 of the Bill relates to procedure in cases which Magistrate cannot dispose of.

It provides that the Magistrate cannot dispose of the case in the given circumstances, but he stays the proceeding and submit the case with a brief report in this regard to the Competent Magistrate.

Clause 362 of the Bill relates to procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.

It provides that in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made.

Clause 363 of the Bill relates to trial of persons previously convicted of offences against coinage, stamp-law or property.

It inter alia provides that where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted.

Clause 364 of the Bill relates to procedure when Magistrate cannot pass sentence sufficiently severe.

It inter alia provides that whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.

Clause 365 of the Bill relates to conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

It provides that whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself under given exceptions.

Clause 366 of the Bill relates to court to be open.

It inter alia provides that the place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them under given circumstances.

Clause 367 of the Bill relates to procedure in case of accused being person of unsound mind.

It provides that when a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing.

Clause 368 of the Bill relates to procedure in case of person of unsound mind tried before Court.

It inter alia provides that if at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.

Clause 369 of the Bill relates to release of person of unsound mind pending investigation or trial.

It inter alia provides that whenever a person if found under clause 367 or clause 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order release of such person on bail but accused is suffering from unsoundness of mind or intellectual disability which does not mandate in­patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person.

Clause 370 of the Bill relates to resumption of inquiry or trial.

It provides that whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

Clause 371 of the Bill relates to procedure on accused appearing before Magistrate or Court.

It inter alia provides that if, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

Clause 372 of the Bill relates to when accused appears to have been of sound mind.

It provides that when the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

Clause 373 of the Bill relates to judgment of acquittal on ground of mental illness.

It provides that whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Clause 374 of the Bill relates to person acquitted on ground of unsoundness of mind to be detained in safe custody.

It provides that whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order to detain such person in safe custody or to deliver him to any of his relative or friend under given exceptions.

Clause 375 of the Bill relates to power of State Government to empower officer-in-charge to discharge.

It provides that the State Government may empower the officer in charge of the jail in which a person is confined under the provisions of clause 369 or clause 374 to discharge all or any of the functions of the Inspector-General of prisons under clause 376 or clause 377.

Clause 376 of the Bill relates to procedure where prisoner of unsound mind is reported capable of making his defence.

It provides that if a person is detained under the provisions of sub-clause (2) of clause 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of clause 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Clause 377 of the Bill relates to procedure where person of unsound mind detained is declared fit to be released.

It inter alia provides that if a person is detained under the provisions of sub-clause (2) of clause 369, or clause 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

Clause 378 of the Bill relates to delivery of person of unsound mind to care of relative or friend.

It provides that whenever any relative or friend of any person detained under the provisions of clause 369 or clause 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, shall deliver the person under the given conditions to such relative or friends.

Clause 379 of the Bill relates to procedure in cases mentioned in section 215.

It provides that the Court may make an inquiry in the interest of justice relating to any offence referred to in item (b) of sub-clause (1) of clause 215, which appears to have been committed in or in relation to a proceeding in the Court in respect of a document produced or given in evidence in a proceeding in that Court.

Clause 380 of the Bill relates to appeal.

It provides that any person on whose application any Court other than a High Court has refused to make a complaint under sub-clause (1) or sub-clause (2) of clause 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-clause (4) of clause 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under clause 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.

Clause 381 of the Bill relates to power to order costs.

It provides that any Court dealing with an application made to it for filing a complaint under clause 379 or an appeal under clause 380, shall have power to make such order as to costs as may be just.

Clause 382 of the Bill relates to procedure of Magistrate taking cognizance.

It inter alia provides that a Magistrate to whom a complaint is made under clauses 379 or 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.

Clause 383 of the Bill relates to summary procedure for trial for giving false evidence.

It inter alia provides that if, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both.

Clause 384 of the Bill relates to procedure in certain cases of contempt.

It provides that when any such offence as is described in sections 208, 213, 214, 215 and 217 of the Bharatiya Nyaya Sanhita, 2023 is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

Clause 385 of the Bill relates to procedure where Court considers that case should not be dealt with under clause 384.

It provides that the Court in any case considers that a person accused of any of the offences referred to in clause 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.

Clause 386 of the Bill relates to when Registrar or Sub-Registrar to be deemed a Civil Court.

It provides that when the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908, shall be deemed to be a Civil Court within the meaning of clauses 384 and 385.

Clause 387 of the Bill relates to discharge of offender on submission of apology.

It provides that when any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Clause 388 of the Bill relates to imprisonment or committal of person refusing to answer or produce document.

It provides that any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of clauses 384 or 385.

Clause 389 of the Bill relates to summary procedure for punishment for non-attendance by a witness in obedience to summons.

It provides that if any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees.

Clause 390 of the Bill relates to appeals from convictions under clauses 383, 384, 388 and 389.

It inter alia provides that any person sentenced by any Court other than a High Court under clauses 383, 384, 388, or 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

Clause 391 of the Bill relates to certain Judges and Magistrates not to try certain offences when committed before themselves.

It provides that except as provided in clauses 383, 384, 388 and 389, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in Clause 215, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

Clause 392 of the Bill relates to judgment.

It inter alia provides that the judgment in every trial in any Criminal Court or of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates by delivering the whole of the judgment, or by reading out the whole of the judgment or by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate.

It also provides that if the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means and where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.

Clause 393 of the Bill relates to language and contents of judgment.

It provides that every judgment referred to in clause 392 shall be in the language of the Court, contain the point or points for determination and the decision thereon with reasons.

Clause 394 of the Bill provides that the Court may order notifying address of previously convicted offender for the given offences at the time of passing the sentences.

Clause 395 of the Bill relates to order to pay compensation.

It provides that when a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied in the given circumstances.

Clause 396 of the Bill relates to victim compensation scheme.

It inter alia provides that every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation and any compensation paid by the State Government shall be in addition to the payment of fine to the victim under given offences.

Clause 397 of the Bill relates to treatment of victims.

It provides that all the Hospital shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of given offences and shall immediately inform the police of such incident.

Clause 398 of the Bill relates to witness protection scheme.

It provides that every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

Clause 399 of the Bill relates to compensation to persons groundlessly arrested.

It provides that whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award the given compensation to such person.

Clause 400 of the Bill relates to order to pay costs in non-cognizable cases.

It provides that whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate’s fees which the Court may consider reasonable.

Clause 401 of the Bill relates to order to release on probation of good conduct or after admonition.

It inter alia provides that when any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behaviour subject to given exception.

Clause 402 of the Bill relates to special reasons to be recorded in certain cases.

It provides that where in any case the Court could have dealt with but has not done so, it shall record in its judgment the special reasons for not having done so regarding given accused persons under section 401 or under the provisions of the Probation of Offenders Act, 1958 or youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

Clause 403 of the Bill relates to Court not to alter judgment.

It provides that save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

Clause 404 of the Bill relates to copy of judgment to be given to the accused and other persons.

It inter alia provides that when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost and on the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost subject to given exception.

Clause 405 of the Bill relates to judgment when to be translated.

It provides that the original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record.

Clause 406 of the Bill relates to Court of Session to send copy of finding and sentence to District Magistrate.

It provides that in cases tried by the Court of Sessions or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

Clause 407 of the Bill relates to sentence of death to be submitted by Court of Session for confirmation.

It inter alia provides that when the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Clause 408 of the Bill relates to power to direct further inquiry to be made or additional evidence to be taken.

It provides that if, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.

Clause 409 of the Bill relates to power of High Court to confirm sentence or annul conviction.

It provides that in any case submitted under clause 407, the High Court may confirm the sentence, or pass any other sentence warranted by law or may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge may acquit the accused person subject to given exception.

Clause 410 of the Bill relates to confirmation or new sentence to be signed by two Judges.

It provides that in every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

Clause 411 of the Bill relates to procedure in case of difference of opinion.

It provides that where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by clause 433.

Clause 412 of the Bill relates to procedure in cases submitted to High Court for confirmation.

It provides that in cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

Clause 413 of the Bill relates to no appeal to lie unless otherwise provided.

It provides that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force subject to given exception.

Clause 414 of the Bill relates to appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.

It provides that any person who has been ordered under clause 136 to give security for keeping the peace or for good behaviour, or who is aggrieved by any order refusing to accept or rejecting a surety under clause 140, may appeal against such order to the Court of Session subject to given exception.

Clause 415 of the Bill relates to appeals from convictions.

It inter alia provides that any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court and any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.

It also provides that when an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Clause 416 of the Bill relates to no appeal in certain cases when accused pleads guilty.

It provides that notwithstanding anything in clause 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court or if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Clause 417 of the Bill relates to no appeal in petty cases.

It provides that notwithstanding anything in clause 415, there shall be no appeal by a convicted person in any of the given cases.

Clause 418 of the Bill relates to appeal by State Government against sentence.

It inter alia provides that save as otherwise provided in sub-clause (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy to the Court of Session, if the sentence is passed by the Magistrate to the High Court, if the sentence is passed by any other Court.

It also provides that when an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

Clause 419 of the Bill relates to appeal in case of acquittal.

It inter alia provides that save as otherwise provided in sub-clause (2), and subject to the provisions of sub-clauses (3) and (5) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence and the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under item (a) or an order of acquittal passed by the Court of Session in revision.

It further provides that if such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-clause (3), also direct the Public Prosecutor to present an appeal to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence and to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.

Clause 420 of the Bill relates to appeal against conviction by High Court in certain cases.

It provides that where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

Clause 421 of the Bill relates to special right of appeal in certain cases.

It provides that notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

Clause 422 of the Bill relates to appeal to Court of Session how heard.

It provides that subject to the provisions of certain condition an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.

Clause 423 of the Bill relates to petition of appeal.

It inter alia provides that every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.

Clause 424 of the Bill relates to procedure when appellant in jail.

It provides that if the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.

Clause 425 of the Bill relates to summary dismissal of appeal.

It provides that if upon examining the petition of appeal and copy of the judgment received under clauses 423 or 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily subject to given exceptions.

It further provides that where an appeal presented under clause 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under clause 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in clause 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

Clause 426 of the Bill relates to procedure for hearing appeals not dismissed summarily.

It inter alia provides that if the appellate court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to the appellant advocate or complainant.

Clause 427 of the Bill relates to powers of the Appellate Court.

It inter alia provides that the Appellate Court has the powers to reverse or alter the finding in an, appeal from an order of acquittal or conviction under given circumstances.

Clause 428 of the Bill relates to judgments of Subordinate Appellate Court.

It provides that the rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate subject to given exception.

Clause 429 of the Bill relates to order of High Court on appeal to be certified to lower Court.

It provides that whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court’s judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court’s judgment or order shall be sent through the District Magistrate.

Clause 430 of the Bill relates to suspension of sentence pending the appeal; release of appellant on bail.

It inter alia provides that pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond subject to given exceptions.

Clause 431 of the Bill relates to arrest of accused in appeal from acquittal.

It provides that when an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Clause 432 of the Bill relates to appellate Court may take further evidence or direct it to be taken.

It inter alia provides that in dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

Clause 433 of the Bill relates to procedure where Judges of Court of Appeal are equally divided.

It provides that when an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion with given exception.

Clause 434 of the Bill relates to finality of judgments and orders on appeal.

It provides that judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in clauses 418, 419, sub-clause (4) of clause 425 or Chapter XXXII with given exceptions.

Clause 435 of the Bill relates to abatement of appeals.

It provides that every other appeal under clause 418 or 419 shall finally abate on the death of the accused and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant with given exception.

It further explains the term “near relative”.

Clause 436 of the Bill relates to reference to High Court.

It inter alia provides that where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

It further explains that in this clause, “Regulation” means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.

Clause 437 of the Bill relates to disposal of case according to decision of High Court.

It provides that when a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order and the High Court may direct by whom the costs of such reference shall be paid.

Clause 438 of the Bill relates to calling for records to exercise powers of revision.

It provides that the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond bail pending the examination of the record.

It further explains that All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439, the powers of revision conferred by sub-clause (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding and if an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Clause 439 of the Bill relates to power to order inquiry.

It provides that on examining any record under clause 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under clause 226 or sub-clause (4) of clause 227, or into the case of any person accused of an offence who has been discharged with given exception.

Clause 440 of the Bill relates to Sessions Judge’s powers of revision.

It inter alia provides that in the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-clause (1) of clause 442.

Clause 441 of the Bill relates to power of Additional Sessions Judge.

It provides that an Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

Clause 442 of the Bill relates to High Court’s powers of revision.

It inter alia provides that in the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by clauses 427, 430, 431 and 432 or on a Court of Session by clause 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by clause 433.

Clause 443 of the Bill relates to power of High Court to withdraw or transfer revision cases.

It provides that whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

Clause 444 of the Bill relates to option of Court to hear parties.

It provides that save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by advocate.

Clause 445 of the Bill relates to High Court’s order to be certified to lower Court.

It provides that when a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by clause 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

Clause 446 of the Bill relates to power of the Supreme Court to transfer cases and appeals.

It inter alia provides that whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

Clause 447 of the Bill relates to power of High Court to transfer cases and appeals.

It inter alia provides that whenever it is made to appear to the High Court that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto or that some question of law of unusual difficulty is likely to arise that an order under this clause is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may inter alia order that any offence be inquired into or tried by the given Court.

Clause 448 of the Bill provides that Sessions Judge has the powers to transfer cases and appeals from one Criminal Court to another Criminal Court for the ends of justice.

Clause 449 of the Bill relates to withdrawal of cases and appeals by Sessions Judge.

It inter alia provides that a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

Clause 450 of the Bill relates to withdrawal of cases by Judicial Magistrate.

It provides that any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

Clause 451 of the Bill relates to making over or withdrawal of cases by Executive Magistrates.

It provides that any District Magistrate or Sub-Divisional Magistrate may make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him and withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

Clause 452 of the Bill relates to reasons to be recorded.

It provides that a Sessions Judge or Magistrate making an order under clauses 448, 449, 450 or clause 451 shall record his reasons for making it.

Clause 453 of the Bill relates to execution of order passed under section 409.

It provides that when in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

Clause 454 of the Bill relates to execution of sentence of death passed by High Court.

It provides that when a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.

Clause 455 of the Bill relates to postponement of execution of sentence of death in case of appeal to the Supreme Court.

It inter alia provides that where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of.

Clause 456 of the Bill relates to commutation of sentence of death on pregnant woman.

It provides that if a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

Clause 457 of the Bill relates to power to appoint place of imprisonment.

It inter alia provides that except when otherwise provided by any law for the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined.

Clause 458 of the Bill relates to execution of sentence of imprisonment.

It inter alia provides that where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant subject to given exceptions.

Clause 459 of the Bill relates to direction of warrant for execution.

It provides that every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

Clause 460 of the Bill relates to warrant with whom to be lodged.

It provides that when the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

Clause 461 of the Bill relates to warrant for levy of fine.

It provides that when an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence may action for the recovery of the fine in the given way.

Clause 462 of the Bill relates to effect of such warrant.

It provides that a warrant issued under item (a) of sub-clause (1) of clause 461 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.

Clause 463 of the Bill relates to warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.

It provides that when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under item (b) of sub-clause (1) of clause 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-clause (3) of the said section as to the execution of such warrant shall apply accordingly.

Clause 464 of the Bill relates to suspension of execution of sentence of imprisonment.

It provides that when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may pass order as to the fine and suspend the execution of the sentence of imprisonment as given under the clause.

Clause 465 of the Bill relates to who may issue warrant.

It provides that every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

Clause 466 of the Bill relates to sentence on escaped convict when to take effect.

It inter alia provides that when a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

Clause 467 of the Bill relates to sentence on offender already sentenced for another offence.

It provides that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence subject to give conditions.

Clause 468 of the Bill relates to period of detention undergone by the accused to be set off against the sentence of imprisonment.

It provides that where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him subject to given exception.

Clause 469 of the Bill relates to saving.

It inter alia provides that nothing in clause 467 or clause 475 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

Clause 470 of the Bill relates to return of warrant on execution of sentence.

It provides that when a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

Clause 471 of the Bill relates to money ordered to be paid recoverable as a fine.

It provides that any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine subject to given exception.

Clause 472 of the Bill relates to mercy Petition in death sentence cases.

It inter alia provides that convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution within a period of thirty days after from the date on which the Superintendent of the jail informing given details in this regard.

It further provides that no appeal shall lie in any Court against the order of the President or of the Governor made under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the Governor shall not be inquired into in any Court.

Clause 473 of the Bill relates to power to suspend or remit sentences.

It inter alia provides that when any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

Clause 474 of the Bill relates to power to commute sentence.

It provides that the appropriate Government may, without the consent of the person sentenced, commute a sentence of death, for imprisonment for life, a sentence of imprisonment for life, for imprisonment for a term not less than seven years, sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years; a sentence of imprisonment for less than seven years, for fine; and a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.

Clause 475 of the Bill relates to restriction on powers of remission or commutation in certain cases.

It provides that notwithstanding anything contained in clause 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.

Clause 476 of the Bill relates to concurrent power of Central Government in case of death sentences.

It provides that the powers conferred by clauses 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.

Clause 477 of the Bill relates to State Government to act after concurrence with Central Government in certain cases.

It provides that the powers conferred by clauses 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for the given offences and shall not be exercised by the State Government except after concurrence with the Central Government.

Clause 478 of the Bill relates to cases in which bail to be taken.

It provides that when any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail subject to given exception.

It further explains that where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person in this regard.

Clause 479 of the Bill relates to maximum period for which an undertrial prisoner can be detained.

It inter alia provides that where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail subject to given exception.

Clause 480 of the Bill relates to when bail may be taken in case of non-bailable offence.

It provides that when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but subject to given circumstances.

It further provides that if, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

Clause 481 of the Bill relates to bail to require accused to appear before next Appellate Court.

It provides that before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months.

Clause 482 of the Bill relates to direction for grant of bail to person apprehending arrest.

It provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail under given conditions.

Clause 483 of the Bill relates to special powers of High Court or Court of Session regarding bail.

It provides that a High Court or Court of Session may direct that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-clause (3) of clause 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section and that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified subject to given exceptions.

It also provides that a High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

Clause 484 of the Bill relates to amount of bond and reduction thereof.

It provides that the amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

Clause 485 of the Bill relates to bond of accused and sureties.

It inter alia provides that before any person is released on bail or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

Clause 486 of the Bill relates to declaration by sureties.

It provides that every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

Clause 487 of the Bill relates to discharge from custody.

It provides that as soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him but nothing in this clause, clause 478 or clause 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed.

Clause 488 of the Bill relates to power to order sufficient bail when that first taken is insufficient.

It provides that if, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

Clause 489 of the Bill relates to discharge of sureties.

It inter alia provides that all or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

Clause 490 of the Bill relates to deposit instead of recognizance.

It provides that when any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.

Clause 491 of the Bill relates to procedure when bond has been forfeited.

It inter alia provides that a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.

It further explains that a condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.

Clause 492 of the Bill relates to cancellation of bond and bail bond.

It provides that without prejudice to the provisions of clause 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled and thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition subject to given exceptions.

Clause 493 of the Bill relates to procedure in case of insolvency of death of surety or when a bond is forfeited.

It provides that when any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of clause 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.

Clause 494 of the Bill relates to bond required from child.

It provides that when the person required by any Court, or officer to execute a bond is a child minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

Clause 495 of the Bill relates to appeal from orders under section 491.

It provides that all orders passed under section 491 shall be appealable in the case of an order made by a Magistrate, to the Sessions Judge and in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.

Clause 496 of the Bill relates to power to direct levy of amount due on certain recognizances.

It provides that the High Court or Court of Sessions may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session.

Clause 497 of the Bill relates to order for custody and disposal of property pending trial in certain cases.

It inter alia provides that when any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

It further explains the term “property”.

Clause 498 of the Bill relates to order for disposal of property at conclusion of trial.

It inter alia provides that when an investigation, inquiry or trial in any criminal case Court is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

It further provides that in this clause, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

Clause 499 of the Bill relates to payment to innocent purchaser of money found on accused.

It provides that when any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order.

Clause 500 of the Bill relates to appeal against orders under clause 498 or 499.

It provides that any person aggrieved by an order made by a Court or Magistrate under clause 498 or 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court and on such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

Clause 501 of the Bill relates to destruction of libellous and other matter.

It inter alia provides that on a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

Clause 502 of the Bill relates to power to restore possession of immovable property.

It inter alia provides that when a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property subject to given exception.

Clause 503 of the Bill relates to procedure by police upon seizure of property.

It inter alia provides that whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

Clause 504 of the Bill relates to procedure where no claimant appears within six months.

It provides that if no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide and an appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Clause 505 of the Bill relates to power to sell perishable property.

It provides that if the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of clauses 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Clause 506 of the Bill relates to irregularities which do not vitiate proceedings.

It provides that if any Magistrate not empowered by law to do any of the given things erroneously in good faith does that things, his proceedings shall not be set aside merely on the ground of his not being so empowered.

Clause 507 of the Bill relates to irregularities which vitiate proceedings.

It provides that if any Magistrate, not being empowered by law in this behalf, does any of the given things, his proceedings shall be void.

Clause 508 of the Bill relates to proceedings in wrong place.

It provides that no finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

Clause 509 of the Bill relates to non-compliance with provisions of clause 183 or clause 316.

It provides that if any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

It further provides that the provisions of this clause apply to Courts of appeal, reference and revision.

Clause 510 of the Bill relates to effect of omission to frame, or absence of, or error in, charge.

It inter alia provides that no finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

Clause 511 of the Bill relates to finding or sentence when reversible by reason of error, omission or irregularity.

It inter alia provides that subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

Clause 512 of the Bill relates to defect or error not to make attachment unlawful.

It provides that no attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.

Clause 513 of the Bill relates to definitions.

It provides that for the purposes of Chapter XXXVIII, unless the context otherwise requires, “period of limitation” means the period specified in clause 514 for taking cognizance of an offence.

Clause 514 of the Bill relates to bar to taking cognizance after lapse of the period of limitation.

It provides that except as otherwise provided in this Sanhita, no Court shall take cognizance of the given offence after the expiry of the given period of limitation.

Explanation to explain that for the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under clause 223 or the date of recording of information under clause 173.

Clause 515 of the Bill relates to commencement of the period of limitation.

It provides that the period of limitation, in relation to an offender, shall commence on the date of the offence; or where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier but in computing the said period, the day from which such period is to be computed shall be excluded.

Clause 516 of the Bill relates to exclusion of time in certain cases.

It inter alia provides that in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded but no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

It further provides that in computing the period of limitation, the stated period shall be excluded in the given circumstances.

Clause 517 of the Bill relates to exclusion of date on which Court is closed.

It provides that where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.

It further explains that a Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

Clause 518 of the Bill relates to continuing offence.

It provides that the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

Clause 519 of the Bill relates to extension of period of limitation in certain cases.

It provides that notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Clause 520 of the Bill relates to trials before High Courts.

It deals with an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.

Clause 521 of the Bill relates to delivery to commanding officers of persons liable to be tried by Court-martial.

It inter alia provides that the Central Government may make rules consistent with this Sanhita and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air-force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.

It further explains the terms “unit” and “Court-martial”.
Clause 522 of the Bill relates to forms.

It deals with subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

Clause 523 of the Bill relates to power of High Court to make rules.

It provides that every High Court may, with the previous approval of the State Government, make rules for the given purposes.

Clause 524 of the Bill relates to power to alter functions allocated to Executive Magistrate in certain cases.

It provides that if the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in clauses 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

Clause 525 of the Bill relates to cases in which Judge or Magistrate is personally interested.

It provides that no Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

It further explains that a Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.

Clause 526 of the Bill relates to practicing advocate not to sit as Magistrate in certain Courts.

It provides that no advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

Clause 527 of the Bill relates to public servant concerned in sale not to purchase or bid for property.

It provides that a public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.

Clause 528 of the Bill relates to saving of inherent powers of High Court.

It provides that nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Clause 529 of the Bill relates to duty of High Court to exercise continuous superintendence over Courts.

It provides that every High Court shall so exercise its superintendence over the Courts of Sessions and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates.

Clause 530 of the Bill relates to trial and proceedings to be held in electronic mode.

It provides that all trials, inquires and proceedings under this Sanhita, including issuance, service and execution of summons and warrant, examination of complainant and witnesses, recording of evidence in inquiries and trials; and all appellate proceedings or any other proceedings, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

Clause 531 of the Bill relates to repeal and savings.

It inter alia provides for repealing of the Code of Criminal Procedure, 1973 and provides for savings of certain matters in this regard.

FINANCIAL MEMORANDUM

The proposed legislation, if enacted, is not likely to involve any expenditure, either recurring or non-recurring, from and out of the Consolidated Fund of India.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Item (a) of clause 2 of the Bill empowers the State Government to make rules, inter alia, to provide for use of communication device and other means of communication.

Proviso to sub-clause (1) of clause 11 of the Bill empowers the High Court to make rules, inter alia, to provide for qualification or experience in relation to legal affairs of any person to confer upon power of Judicial Magistrate in respect of a particular case or class of cases.

Sub-clause (2) of clause 13 of the Bill empowers the Chief Judicial Magistrateto make rules as to the distribution of business among the Judicial Magistrates subordinate to him.

Sub-clause (2) of clause 17 of the Bill empowers the District Magistrate to make rules as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

Sub-clause (3) of clause 48 of the Bill empowers the State Government to make rules for the form to keep book of entry relating to informed person as to the arrest.

Clause 63 of the Bill empowers the High Court to make rules to provide direction as to the Court or other officers in relation to issuance of summons.

Proviso to sub-clause (1) of clause 64 empowers the State Government to make rules to provide for other details to be entered in the register.

Proviso to sub-clause (2) of clause 64 empowers the State Government to make rules to provide for form and manner to serve the summons by electronic communication.

Sub-clause (4) of clause 142 of the Bill empowers the State Government to make rules to provide the conditions upon which a conditional discharge may be made.

Sub-clause (2) of clause 153 of the Bill empowers the State Government to make rules to provide for the manner of notification of proclamation of order.

Sub-clause (1) of clause 173 of the Bill empowers the State Government to make rules to provide for form and officer as to the substance of information relating to cognizable offence shall be entered in book.

Sub-clause (1) of clause 174 of the Bill empowers the State Government to make rules to provide for form and officer as to the substance of information relating to non- cognizable offence shall be entered in book.

Sub-clause (2) of clause 176 of the Bill empowers the State Government to make rules, inter alia, to provide the manner in which the police officer shall forward the daily diary report to the Magistrate.

Sub-clause (2) of clause 179 of the Bill empowers the State Government to make rules, inter alia,to provide for the payment of reasonable expenses to persons attending police officer making an investigation.

Sub-clause (3) of clause 193 of the Bill empowers the State Government to make rules to provide the form in which police officer shall forward the report to the Magistrate and also the manner to communicate the action taken by such police officer, to the person, by whom the information relating to the commission of the offence was first given.

Sub-clause (9) of clause 193 of the Bill empowers the State Government to make rules to provide for form in which further report regarding further evidence shall be forwarded to the Magistrate by the police officer.

Sub-clause (1) of clause 194 of the Bill empowers the State Government to make rules as to the direction to the police officer in case of suicide etc.

Sub-clause (3) of clause 194 of the Bill empowers the State Government to make rules to provide in specific cases of suicide that the body will be examined by the nearest civil surgeon.

Clause 318 of the Bill empowers the High Court to make rules to provide the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down.

Sub-clause (3) of clause 320 of the Bill empowers the Central Government to make rules, inter alia, to provide for Form for issuing Commission and also to which authority the Commission shall be sent for taking evidence of witnesses in relation to criminal matters.

Sub-clause (2) of clause 330 of the Bill empowers the State Government to make rules to provide the form in which list of documents shall be mentioned.

Sub-clause (2) of clause 341 of the Bill empowers the High Court to make rules for the mode of selection, facilities and payment of fees tothe advocate who has been assigned by the Court for the defence of the accused, who has not sufficient means to engage an advocate.

Clause 350 of the Bill empowers the State Government to make rules to provide for reasonable expenses to complainant or witnesses attending the Court for the purposes of inquiry, trial or other proceeding.

Sub-clause (5) of clause 394 of the Bill empowers the State Government to make rules to carry out provisions of this clause relating to the notification of residence or change of or absence from, by released convicts.

Sub-clause (6) of clause 394 empowers the State Government to make rules to provide for punishment for the breach of rules made under sub-clause (5) and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.

Sub-clause (6) of clause 404 of the Bill empowers the High Court to make rules to provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, payment of feesand conditions in this regard.

Sub-clause (2) of clause 461 of the Bill empowers the State Government to make rules, inter alia, to provide for regulating the manner of execution of search warrant issued under item (a) of sub-clause (1) and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

Sub-clause (5) of clause 473 empowers the appropriate Government to make rules to provide for direction as to the suspension of sentences and the conditions for presentation of petition.

Sub-clause (2) of clause 497 of the Bill empowers the State Government to make rules to provide for form and manner in which the statement of property referred in sub-clause (1) shall be mentioned.

Clause 504 of the Bill empowers the State Government to make rules to provide for the manner of dealing with proceeds of sale of property which claim has not been established within stipulated period.

Clause 521 of the Bill empowers the Central Government to make rules, inter alia, to provide for the cases in which persons subject to army, naval or air-force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial.

Clause 523 of the Bill empowers the High Court to make rules for other matters such as petition-writers in the Criminal Courts and issuance of licences thereof, penalty for contravention of any of the rules, determining the authority to investigate the contravention and to impose penalty etc.

The matters in respect of which such rules may be made are matters of procedures and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.

LOK SABHA

A

BILL

to consolidate and amend the law relating to Criminal Procedure.

(Shri Amit Shah, Minister of Home Affairs and Cooperation)

MGIPMRND—459LS—09.12.2023.