Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 402
Special reasons to be recorded in certain cases
In one line
BNSS Section 402 deals with special reasons to be recorded in certain cases and replaces CrPC 361.
Bare act text — BNSS 402
402. Special reasons to be recorded in certain cases.
Where in any case the Court could have dealt with,--- (a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or (b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.
What changed from the CrPC
- CrPC 361 → BNSS 402: 'The Children Act 1960 (60 of 1960)" is replaced by "The Juvenile Justice (Care and Protection of Children) Act, 2015".
Frequently asked
What was BNSS Section 402 in the CrPC?
BNSS Section 402 (Special reasons to be recorded in certain cases) replaces Section 361 of the Code of Criminal Procedure, 1973. CrPC 361 is now BNSS 402.
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Nearby BNSS sections
- BNSS 397 — Treatment of victims
- BNSS 398 — Witness protection scheme
- BNSS 399 — Compensation to persons groundlessly arrested
- BNSS 400 — Order to pay costs in non-cognizable cases
- BNSS 401 — Order to release on probation of good conduct or after admonition
- BNSS 403 — Court not to alter judgment
- BNSS 404 — Copy of judgment to be given to accused and other persons
- BNSS 405 — Judgment when to be translated
- BNSS 406 — Court of Session to send copy of finding and sentence to District Magistrate
- BNSS 407 — Sentence of death to be submitted by Court of Session for confirmation