CrPC 361→BNSS 402

CrPC 361 to BNSS 402: Special reasons to be recorded in certain cases

Section 361 CrPC (1973) replaced by Section 402 BNSS (2023)

View CrPC Section 361 →View BNSS Section 402 →

CrPC 361 to BNSS 402 at a Glance

Section 361 CrPC (Special reasons to be recorded in certain cases) is now Section 402 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 361 to BNSS 402?

From 1 July 2024, Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 361 of the Code of Criminal Procedure, 1973. The heading is the same. Section 402(a) BNSS names Section 401 BNSS where Section 361(a) CrPC named Section 360 CrPC. Section 402(b) BNSS names the Juvenile Justice Care and Protection of Children Act, 2015 where Section 361(b) CrPC named the Children Act, 1960. The rest of the text is the same.

CrPC 361 vs BNSS 402: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section361402
HeadingSpecial reasons to be recorded in certain casesSame
Cross-referencess.360s.401

CrPC 361 and BNSS 402: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 361, CrPC 1973

361. Special reasons to be recorded in certain cases.—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.
BNSS 2023 (in force)

Section 402, BNSS 2023

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; 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.

When It Applies: CrPC 361 vs BNSS 402

Under CrPC 361
  1. Section 361 CrPC applies to the Court in any case where the Court could have dealt with the person in the ways named in Section 361 CrPC.
  2. Section 361(a) CrPC covers an accused person whom the Court could have dealt with under Section 360 CrPC or under the provisions of the Probation of Offenders Act, 1958.
  3. Section 361(b) CrPC covers a youthful offender whom the Court could have dealt with under the Children Act, 1960 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.
  4. Where the Court could have dealt with the accused person or the youthful offender in those ways but has not done so, the Court shall record in its judgment the special reasons for not having done so.
Under BNSS 402
  1. Section 402 BNSS applies to the Court in any case where the Court could have dealt with the person in the ways named in Section 402 BNSS.
  2. Section 402(a) BNSS covers an accused person whom the Court could have dealt with under Section 401 BNSS or under the provisions of the Probation of Offenders Act, 1958.
  3. Section 402(b) BNSS covers a youthful offender whom the Court could have dealt with 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.
  4. Where the Court could have dealt with the accused person or the youthful offender in those ways but has not done so, the Court shall record in its judgment the special reasons for not having done so.

What CrPC 361 to BNSS 402 Means in Practice

Under Section 402 BNSS, the Court shall record in its judgment the special reasons for not having dealt with an accused person under Section 401 BNSS or the Probation of Offenders Act, 1958, or with a youthful offender under the Juvenile Justice Care and Protection of Children Act, 2015 or any other law for the time being in force, where it could have done so. Section 361 CrPC named Section 360 CrPC and the Children Act, 1960 in the same places.

FAQs: CrPC 361 to BNSS 402

Which Section does Section 402(a) BNSS name where Section 361(a) CrPC named Section 360 CrPC?▼

Section 402(a) BNSS names Section 401 BNSS where Section 361(a) CrPC named Section 360 CrPC.

Which Act does Section 402(b) BNSS name for a youthful offender?▼

Section 402(b) BNSS names the Juvenile Justice Care and Protection of Children Act, 2015 where Section 361(b) CrPC named the Children Act, 1960.

Is the requirement to record special reasons in the judgment found in both Section 361 CrPC and Section 402 BNSS?▼

Yes. Both Section 361 CrPC and Section 402 BNSS provide that where the Court could have dealt with the person in the ways named but has not done so, it shall record in its judgment the special reasons for not having done so.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·