BNSS Section 402: Special reasons to be recorded in certain cases (formerly CrPC 361)
Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024
BNSS 402: Special reasons to be recorded in certain cases
From 1 July 2024
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; or
(b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.
What it replaced in the CrPC
BNSS 402 ← CrPC 361 · Special reasons to be recorded in certain casesChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: ‘The Children Act 1960 (60 of 1960)" is replaced by "The Juvenile Justice (Care and Protection of Children) Act, 2015".
Printed in both official correspondence tables (BPR&D and NCRB).
Where in any case the Court could have dealt with,—
(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or
(b) a youthful offender under the Children Act, 1960 (60 of 1960) 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.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 361
They remain the law on CrPC 361. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 31.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 39.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.