SAG Legal

SAG Legal

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 101 – BNSS | Power to compel restoration of abducted females

Section 101 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 101 – BNSS | Power to compel restoration of abducted females Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 400 – BNSS | Order to pay costs in noncognizable cases.

Section 400 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 400 – BNSS | Order to pay costs in noncognizable cases. (1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate’s fees which the Court may consider reasonable.(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 399 – BNSS | Compensation to persons groundlessly arrested

Section 399 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 399 – BNSS | Compensation to persons groundlessly arrested (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 397 – BNSS | Treatment of victims.

Section 397 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 397 – BNSS | Treatment of victims. All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 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, and shall immediately inform the police of such incident.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 396 – BNSS | Victim compensation scheme.

Section 396 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 396 – BNSS | Victim compensation scheme. (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.(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 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 officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.(7) The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 395 – BNSS | Order to pay compensation.

Section 395 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 395 – BNSS | Order to pay compensation. (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied—(a) in defraying the expenses properly incurred in the prosecution;(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855, entitled to recover damages from the person sentenced for the loss resulting to them from such death;(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 394 – BNSS | Order for notifying address of previously convicted offender

Section 394 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 394 – BNSS | Order for notifying address of previously convicted offender (1) When any person, having been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration ofsuch sentence.(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.(3) If such conviction is set aside on appeal or otherwise, such order shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 393 – BNSS | Language and contents of judgment.

Section 393 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 393 – BNSS | Language and contents of judgment. (1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—(a) shall be written in the language of the Court;(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the punishment to which he is sentenced;(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasonsfor such sentence.(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision

SAG Legal

SAG Legal

Contact Details:

📞 Call us: 7300095838
📧 Email us: help@saglegal.in

Locate us on Google Maps Here

Scroll to Top