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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 390 – BNSS | Appeals from convictions under sections 383, 384, 388 and 389.

Section 372 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 390 – BNSS | Appeals from convictions under sections 383, 384, 388 and 389.  (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. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 389 – BNSS | Summary procedure for punishment for nonattendance by a witness in obedience to summons.

Section 389 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 389 – BNSS | Summary procedure for punishment for nonattendance by a witness in obedience to summons. (1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees.(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 100 – BNSS | Search for persons wrongfully confined

Section 100 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 100 – BNSS | Search for persons wrongfully confined If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 388 – BNSS | Imprisonment or committal of person refusing to answer or produce document.

Section 388 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 388 – BNSS | Imprisonment or committal of person refusing to answer or produce document. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judgecommit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 387 – BNSS | Discharge of offender on submission of apology.

Section 387 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 387 – BNSS | Discharge of offender on submission of apology. 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

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 99 – BNSS | Application to High Court to set aside declaration of forfeiture

Section 99 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 99 – BNSS | Application to High Court to set aside declaration of forfeiture (1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, orthe book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98.  (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.  (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.  (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture.  (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 386 – BNSS | When Registrar or Sub-Registrar to be deemed a Civil Court.

Section 386 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 386 – BNSS | When Registrar or Sub-Registrar to be deemed a Civil Court. 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.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 385 – BNSS | Procedure where Court considers that case should not be dealt with under section 384.

Section 385 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 385 – BNSS | Procedure where Court considers that case should not be dealt with under section 384. (1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 384 – BNSS | Procedure in certain cases of contempt.

Section 384 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 384 – BNSS | Procedure in certain cases of contempt. (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 opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid (2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 98 – BNSS | Power to declare certain publications forfeited and to issue search warrants for same

Section 98 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 98 – BNSS | Power to declare certain publications forfeited and to issue search warrants for same (1) Where— (a) any newspaper, or book; or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be.  (2) In this section and in section 99,— (a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867; (b)”document” includes any painting, drawing or photograph, or other visible representation.  (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99.

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