Date:-22/04/2024 Retrieved Rubrics -TRIAL ------------------------ Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ by notification, by the Central Government; (j) "High Court" means,- (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) "inquiry" means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; (l) "investigation" includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation.-Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail; Sec. 1] 3 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Construction of references. 4 4 (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,- (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate. Trial of offences under ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Courts of Judicial Magistrates. Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. 10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. Sentence in cases of conviction of several offences at one trial. 25. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that- (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. Mode of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ excuse is offered for such failure. Power to take bond or bail bond for appearance. 91. When 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. Arrest on breach of bond or bail bond for appearance. 92. When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him. Provisions of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ A.-Summons to produce Summons to produce document or other thing. 94. (1) 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 Sec. 1] 27 27 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. (2) Any person required under this section merely to produce a document, or other ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 13 of 1891. (a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891; or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority. 95. (1) 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. Procedure as to letters. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or When searchwarrant may be issued. (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 107. (1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising Sec. 1] 31 31 jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property. (2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made. (3) Where the notice issued to any person under sub- section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. Sec. 1] 39 39 (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,- (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) 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. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. Information as to noncognizable cases and investigation of such cases. 54 54 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ recorded, by a woman police officer or any woman officer. Statements to police and use thereof. 181. (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Recording of confessions and statements. 183. (1) 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: Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence: Provided further that 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. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. 184. (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding- Procedure when investigation ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ by subordinate police officer. 189. If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. Release of accused when evidence deficient. 190. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. 62 62 Complainant and witnesses not to be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. (2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary. (3) The diary referred to in sub-section (1) shall be a volume and duly paginated. (4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply. Report of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. 194. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or investigation under sub-section (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. Explanation.-In this section, the expression "relative" means parents, children, brothers, sisters and spouse. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 197. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Ordinary place of inquiry and trial. 198. (a) When it is uncertain in which of several local areas an offence was committed; or Place of inquiry or trial. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ triable where act is done or consequence ensues. 200. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. Place of trial where act is an offence by reason of relation to other offence. 201. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is Place of trial in case of certain offences. 66 66 the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence. Offence committed on journey or voyage. Place of trial for offences triable together. 203. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. 204. Where- (a) the offences committed by any person are such that he ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ together. 203. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. 204. Where- (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or (b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. Power to order cases to be tried in different ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ competent to inquire into or try any of the offences. Power to order cases to be tried in different sessions divisions. 205. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: High Court to decide, in case of doubt, district where inquiry or trial shall take place. 206. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. 209. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. Receipt of evidence relating to offences committed outside India. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Making over of cases to Magistrates. 212. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him. (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. Cognizance of offences by Court of Session. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita. Additional Sessions Judges to try cases made over to them. 214. 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. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 69 (2) Where a complaint has been made by a public servant or by some other public servant who has been authorised to do so by him under clause (a) of sub-section (1), any authority to which he is administratively subordinate or who has authorised such public servant, may, order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. (3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central or State Act if declared by that Act to be a Court for the purposes of this section. (4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. 1 of 2014. Sec. 1] 71 71 219. (1) 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: Provided that- (a) where such person is a child, or is of unsound mind or is having intellectual ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Examination of complainant. Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless- (a) such public servant is given an opportunity to make assertions as to the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 232. When in 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, he shall- (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; Commitment of case to Court of Session when offence is triable exclusively by it. 76 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ when there is a complaint case and police investigation in respect of same offence. 233. (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), 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. (2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita. CHAPTER XVIII THE CHARGE A.-Form of charges Contents of charge. 234. (1) Every charge under this Sanhita shall state the offence with which the accused is charged. (2) If the law which creates the offence gives it any ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material. Court may alter charge. 239. (1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecution of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. Recall of witnesses when charge altered. 240. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed- (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice; Sec. 1] 79 79 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sections 242, 243, 244 and 246. Illustration. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 242. (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding five. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: Offences of same kind within year may be charged together. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 243. (1) 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. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub- section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023. Illustrations to sub-section (1) (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023. (b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, rape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and sub-section (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023. Trial for more than one offence. 80 80 (c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the possession of each seal under sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Nyaya Sanhita, 2023. (d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023. (e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023. (f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya Sanhita, 2023. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ remaining charges on conviction on one of several charges. 247. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION Trial to be conducted by Public ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION Trial to be conducted by Public Prosecutor. 248. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. Opening case for prosecution. 249. When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, 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. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Framing of charge. 251. (1) 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- (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) 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. Sec. 1] ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258. Procedure in cases instituted under sub-section (2) of section 222. 260. (1) A Court of Session taking cognizance of an offence under sub-section (2) of section 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: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES A.-Cases instituted on a police report Compliance with section 230. 261. When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230. When accused shall be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.-Cases instituted otherwise than on police report 267. (1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. Evidence for prosecution. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record. Evidence for defence. 270. The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case. C.-Conclusion of trial Acquittal or conviction. 271. (1) 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. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant-cases. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES 274. 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: Substance of accusation to be stated. 88 88 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. Acquittal or conviction. 278. (1) 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. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Power to stop proceedings in certain cases. 282. 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 recall any witness who may have been examined. Power of Court to convert ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 recall any witness who may have been examined. Power of Court to convert summonscases into warrant-cases. CHAPTER XXII SUMMARY TRIALS 283. (1) Notwithstanding anything contained in this Sanhita- (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:- (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub- section (2) of section 317 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ which a complaint may be made under section 20 of the Cattle-trespass Act, 1871. (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re- hear the case in the manner provided by this Sanhita. Power to try summarily. 90 90 Summary trial by Magistrate ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of second class. 284. The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. Procedure for summary trials. 285. (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. Record in summary trials. 286. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:- (2) No sentence of imprisonment for a term exceeding three months shall be passed in ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ but does not apply where such offence affects the socio- economic condition of the country or has been committed against a woman, or a child. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country. 290. (1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial. Application for plea bargaining. (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ judgment. 295. 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. Power of Court in plea bargaining. 296. A 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. Period of detention undergone by accused to be set off against sentence of imprisonment. 297. The provisions of section 468 shall apply, for setting off the period of detention ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 301. In this Chapter,- Definitions. (a) "detained" includes detained under any law providing for preventive detention; (b) "prison" includes,- (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; (ii) any reformatory, Borstal institution or other institution of a like nature. 302. (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,- (a) 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 Power to require attendance of prisoners. (b) that it is necessary for the ends of justice to examine such person as a ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ charge of prison to abstain from carrying out order in certain contingencies. 304. Where the person in respect of whom an order is made under section 302- (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ prison. 306. The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 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. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS A.-Mode of taking and recording evidence Language of Courts. 307. 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. Evidence to be taken in presence of accused. 308. Except as otherwise expressly provided, all evidence ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Courts. 307. 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. Evidence to be taken in presence of accused. 308. 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 by the State Government: Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused. Explanation.-In this section, "accused" includes a person in relation to whom any ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ cross-examination of the accused. Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita. Record in summonscases and inquiries. 309. (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 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: Sec. 1] 95 95 Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 311. (1) 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. Record in trial before Court of Session. (2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused: Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination. (5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. Interpreter to be bound to interpret truthfully. 317. When the 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. Record in High Court. 318. Every High Court may, by general rule, prescribe the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ before it, and such evidence and examination shall be taken down in accordance with such rule. B.-Commissions for the examination of witnesses When attendance of witness may be dispensed with and commission issued. 319. (1) 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, Sec. 1] 97 97 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf. 321. Upon receipt of the commission, the Chief Judicial Magistrate or such 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. Execution of commissions. 322. (1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. Parties may ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. Return of commission. (2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court. 324. In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. Adjournment of proceeding. 325. (1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319. Execution of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters. Deposition of medical witness. 326. (1) 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. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. Identification report of Magistrate. 327. (1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. Identification report of Magistrate. 327. (1) 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: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ hand of a 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. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Sec. 1] 99 99 (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. 329. (1) Any document purporting to be a report under the hand of a 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. Reports of certain Government scientific experts. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ documents and in no case later than thirty days after such supply: No formal proof of certain documents. Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial. (2) The list of documents shall be in such form as the State Government may, by rules, provide. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved. 331. When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ and the Court may, if it thinks fit, order that evidence relating to such facts be so given. Affidavit in proof of conduct of public servants. 332. (1) 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. Evidence of formal character on affidavit. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. 100 100 Authorities before whom ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. Previous conviction or acquittal how proved. 334. 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,- (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. Record of evidence in absence of accused. 335. (1) 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. (2) If it appears that an offence punishable with death or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ if the deponent is dead or incapable of giving evidence or beyond the limits of India. Evidence of public servants, experts, police officers in certain cases. 336. Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and- (i) such public servant, expert or officer is either transferred, retired, or died; or (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, 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: Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings: 53 of 1952. Sec. 1] 101 101 Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. (1) A person who has once been tried by a Court of competent jurisdiction for an ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ which he might have been convicted under sub-section (2) thereof. Person once convicted or acquitted not to be tried for same offence. (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub- section (1) of section 243. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. 338. (1) 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. Appearance by Public Prosecutors. 102 102 (2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ defended. 340. 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. Legal aid to accused at State expense in certain cases. 341. (1) 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. (2) The High Court may, with the previous approval of the State Government, make rules providing for- (a) the mode of selecting advocates for defence under sub- section (1); (b) the facilities to be allowed to such advocates by the Courts; (c) the fees payable to such advocates by the Government, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ rules providing for- (a) the mode of selecting advocates for defence under sub- section (1); (b) the facilities to be allowed to such advocates by the Courts; (c) the fees payable to such advocates by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub- sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session. Procedure when corporation or registered society is an accused. 342. (1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ when corporation or registered society is an accused. 342. (1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860. (2) 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. (3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. 343. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ section (1) shall record- (a) his reasons for so doing; made, (b) whether the tender was or was not accepted by the person to whom it was and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)- (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case- (a) commit it for trial- (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. 344. 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. Power to direct tender of pardon. 104 104 Trial of person not complying ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub- section (4) of section 343 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, the Court shall- (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (4) At such trial, the Court shall- (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal. Power to postpone or adjourn proceedings. 346. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Power to postpone or adjourn proceedings. 346. (1) 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: Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ with the examination-in-chief or cross-examination of the witness, as the case may be. Explanation 1.-If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2.-The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. 347. (1) 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 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. Local inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Local inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 348. 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 re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. Power to summon material witness, or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding: Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. 350. 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. Expenses of complainants and witnesses. 106 106 Power to examine accused. 351. (1) In every inquiry or trial, for the purpose of enabling the accused personally ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. (5) 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. Oral arguments and memorandum of arguments. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. Accused person to be competent witness. 353. (1) 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: Provided that- (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. (2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 107 107 354. Except as provided in sections 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. No influence to be used to induce disclosure. 355. (1) 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. Provision for inquiries and ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Provision for inquiries and trial being held in absence of accused in certain cases. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation.-For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation.-For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means. 356. (1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, 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: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:- (i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence. (3) Where the proclaimed offender is not represented by any advocate, he shall be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence. (3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State. (4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. Inquiry, trial or judgment in absentia of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. Inquiry, trial or judgment in absentia of proclaimed offender. 108 108 (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct. (6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial. (7) No appeal shall lie against the judgment under this ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ proceedings. Power to proceed against other persons appearing to be guilty of offence. 357. If 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. 358. (1) 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. (2) Where such person is not attending the Court, he may ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub- section (1), then- (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. Compounding of offences. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Nyaya Sanhita, 2023, may be compounded in like manner. (4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence; (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 of such person may, with the consent of the Court, compound such offence. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution: Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case. 5 of 1908. Sec. 1] 113 113 361. (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption- (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or Procedure in cases which Magistrate cannot dispose of. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of. (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 362. If, 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. Procedure when after commencement of inquiry or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. 363. (1) Where a person, having been convicted of an offence punishable under Chapter X 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ should be committed. 363. (1) Where a person, having been convicted of an offence punishable under Chapter X 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. Trial of persons previously convicted of offences against coinage, stamp-law or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sentence if the accused is convicted. Trial of persons previously convicted of offences against coinage, stamp-law or property. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or section 268, as the case may be. 364. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law. 365. (1) 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: Conviction or commitment on evidence partly recorded by one Magistrate and ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364. Court to be open. 366. (1) 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: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ have been submitted to a superior Magistrate under section 364. Court to be open. 366. (1) 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: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of rape or an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court: Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court: Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties. CHAPTER XXVII ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369. (5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369. 368. (1) 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. (2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ referred to in sub-section (2) is a person of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 369: Procedure in case of person of unsound mind tried before Court. 116 116 Release of person of unsound mind ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of unsound mind tried before Court. 116 116 Release of person of unsound mind pending investigation or trial. Resumption of inquiry or trial. Procedure on accused appearing before Magistrate or Court. Provided that if the Magistrate or Court finds that a prima facie case is made out ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ trial. Procedure on accused appearing before Magistrate or Court. Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 369. 369. (1) Whenever a person if found under section 367 or section 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training. 370. (1) 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. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. 371. (1) If, when the accused appears or is again brought ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. 371. (1) 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. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369. 10 of 2017. Sec. 1] 117 117 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369. 10 of 2017. Sec. 1] 117 117 10 of 2017. 10 of 2017. 372. 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. When accused appears to ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ sound mind. 373. 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. 374. (1) 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,- (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017. (3) No order for the delivery of the accused to a relative ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence. CHAPTER XXVIII ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. Summary procedure for trial for giving false evidence. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. 384. (1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 386. 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 sections 384 and 385. Discharge of offender on submission of apology. 387. 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. Imprisonment or committal of person refusing to answer or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. Appeals from convictions under sections 383, 384, 388 and 389. 390. (1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ situate. 391. Except as provided in sections 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 section 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. CHAPTER XXIX THE JUDGMENT 392. (1) The judgment in every trial in any Criminal Court 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,- (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) 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. (2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ shall be immediately made available for the perusal of the parties or their advocates free of cost: Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment. (5) 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. (6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that 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. Certain Judges and Magistrates not to try ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end Victim compensation scheme. 124 124 in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ rehabilitation, or where the cases end Victim compensation scheme. 124 124 in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Session to send copy of finding and sentence to District Magistrate. 406. In cases tried by the Court of Session 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. 20 of 1958. 2 of 2016. Sec. 1] 127 127 CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 407. (1) 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. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ evidence to be taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. 409. In any case submitted under section 407, the High Court- (a) may confirm the sentence, or pass any other sentence warranted by law; or (b) 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; or Power of High Court to confirm sentence or annul conviction. (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. 415. (1) Any person convicted on a trial held by a High Court in its original criminal jurisdiction may appeal to the Supreme Court. (2) 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. (3) Save as otherwise provided in sub-section (2), any person,- (a) convicted on a trial held by Magistrate of the first class, or of the second ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. 418. (1) Save as otherwise provided in sub-section (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- (a) to the Court of Session, if the sentence is passed by the Magistrate; and Appeal by State Government against sentence. (b) to the High Court, if the sentence is passed by any other Court. (2) If such conviction is in a case in which the offence ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ certain cases. 420. 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. Special right of appeal in certain cases. 421. 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. Appeal to Court of Session how heard. 422. (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ at such trial shall have a right of appeal. Appeal to Court of Session how heard. 422. (1) Subject to the provisions of sub-section (2), 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. (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear. Petition of appeal. 423. 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ of the Court, urge or be heard in support of any other ground. 427. After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may- (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction- (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or (ii) alter the finding, maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 pending the examination of the record. Explanation.-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. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) 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. Power to order inquiry. 439. On examining any record under section 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. 443. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case. Power of High Court to transfer cases and appeals. 447. (1) Whenever it is made to appear to the High Court- (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this section 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 order- (i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ the ends of justice, it may order- (i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for an order under sub-section (1) shall be made by motion, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Provided that such stay shall not affect the subordinate Court's power of remand under section 346. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of the Government under section 218. 448. (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word "sum" occurring therein, the words "sum not exceeding ten thousand rupees" were substituted. 449. (1) 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. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. Withdrawal of cases and appeals by Sessions Judges. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ which he has made over to any Additional Sessions Judge. Withdrawal of cases and appeals by Sessions Judges. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be. 450. (1) 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. Withdrawal of cases by Judicial Magistrates. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. Sec. 1] 141 141 468. 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: Period of detention undergone by accused to be set off against ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491. Maximum period for which undertrial prisoner can be detained. 479. (1) 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: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub- section without giving an opportunity of hearing to the Public Prosecutor. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, o the execution by him of a bond for his appearance as hereinafter provided. n (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing. (5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. 146 146 (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ 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 for his appearance to hear judgment delivered. Bail to require accused to appear before next Appellate Court. 481. (1) 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. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply. Direction for grant of bail ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ amount due on a bond for appearance or attendance at such High Court or Court of Session. CHAPTER XXXVI Power to direct levy of amount due on certain recognizances. DISPOSAL OF PROPERTY 497. (1) 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. Explanation.-For the purposes of this section, "property" includes- (a) property of any kind or document which is produced before the Court or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, Order for custody and disposal of property pending trial in certain cases. 150 150 videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter. Order for disposal of property at conclusion of trial. 498. (1) When an investigation, inquiry or trial in any criminal case 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. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ case may be. (3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. 503. (1) 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. Procedure by police upon seizure of property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 438, for proceedings; or (q) revises an order passed under section 491, his proceedings shall be void. Proceedings in wrong place. 508. 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. Sec. 1] 153 153 509. (1) 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Effect of omission to frame, or absence of, or error in, charge. (2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,- (a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge; (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. 511. (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. 511. (1) 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. Finding or sentence when reversible by reason of error, omission or irregularity. (2) In determining whether any error, omission or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ period of limitation in certain cases. CHAPTER XXXIX MISCELLANEOUS 45 of 1950. 46 of 1950. 62 of 1957. 520. When 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. Trials before High Courts. 521. (1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Court-martial constituted under the relevant law applicable to the Armed Forces of the Union. (2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial. 522. 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. Forms. 523. (1) Every High Court may, with the previous approval of the State Government, make rules- Power of High ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class. Cases in which Judge or Magistrate is personally interested. 525. 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. Explanation.-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. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Court to exercise continuous superintendence over Courts. 529. Every High Court shall so exercise its superintendence over the Courts of Session 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. Trial and proceedings to be held in electronic mode. 530. All trials, inquires and proceedings under this Sanhita, including- (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. Repeal and savings. 531. (1) The Code of Criminal Procedure, 1973 is hereby repealed. (2) Notwithstanding such repeal- (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal 2 of 1974. Sec. 1] 157 157 2 of 1974. Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Non-cognizable. Bailable. Magistrate of the first class. 178 178 1 2 3 258 Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law. Imprisonment for 7 years, or fine, or both. 259(a) Intentional omission to apprehend on the part of a public servant bound by law to apprehend an ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ not exceed five thousand rupees.) ---- Sec. 1] 221 FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,.............................................. etc. (state the offence as in the charge) Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ---- 222 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ such conduct being contrary to the provisions of..............................................Act .............................................., section.............................................., and known by you to be prejudicial to.............................................., and thereby committed an offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (4)On section 229.-That you, on or about the..............................................day of.............................................., at.............................................., in the course of the trial of ..............................................before...... ........................................, stated in evidence that ".............................................." which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (5)On section 105.-That you, on or about the..............................................day of.............................................., at.............................................., committed culpable homicide not amounting to murder, causing the death ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (4)Alternative charge on section 229.-That you, on or about the...................................... day of......................................., at......................................., in the course of the inquiry into.............................................., before.............................................., stated in evidence that ''..............................................'', and that you, on or about the..............................................day of .............................................., at.............................................., in the course of the trial of, ....................................... before, stated in the evidence that ''..............................................'', one of which statements you either knew or believed to be false, did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute ''within my cognizance'' for ''within the cognizance of the Court of Session''.) III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION I,..................................................(name ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 .....................:............................................ Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court of..............................................on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees............................... Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) ---- Sec. 1] 239 ........................................................