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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 402, BNSS: Special reasons to be recorded in certain cases

Pundora · Published 3 October 2026

Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.

What it replaces

BNSS provisionCrPC provisionRelation
Section 402Section 361corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.

The section

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 402 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.