Section 401 BNSS: Order to release on probation of good conduct or after admonition

Section 401 BNSS Bare Act Text

(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behavior:

Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’ imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.

(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958, or 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.

Source: Section 401, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 401 BNSS in Simple Words

When Section 401 BNSS Applies

• Section 401(1) BNSS applies to a person not under twenty-one years of age convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or to a person under twenty-one years of age or a woman convicted of an offence not punishable with death or imprisonment for life, where no previous conviction is proved against the offender.
• The Court acts under Section 401(1) BNSS if it appears to the Court, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct.
• The Court may, instead of sentencing the offender at once to any punishment, direct that the offender be released on entering into a bond or bail bond to appear and receive sentence when called upon, and in the meantime to keep the peace and be of good behavior.
• Under the proviso to Section 401(1) BNSS, where a first offender is convicted by a Magistrate of the second class not specially empowered by the High Court and the Magistrate is of opinion that the powers conferred by Section 401 BNSS should be exercised, the Magistrate shall record that opinion and submit the proceedings to a Magistrate of the first class.
• Under Section 401(2) BNSS, the Magistrate of the first class may thereupon pass such sentence or make such order as the Magistrate might have passed or made if the case had originally been heard by that Magistrate.
• Under Section 401(3) BNSS, a person convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023 punishable with not more than two years' imprisonment, or of any offence punishable with fine only, with no previous conviction proved, may be released after due admonition.
• Under Section 401(4) BNSS, an order under Section 401 BNSS may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
• Under Section 401(5) BNSS, the High Court or Court of Session may, on appeal or when exercising its powers of revision, set aside such an order and pass sentence on the offender according to law, but shall not inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.
• Under Section 401(6) BNSS, Section 140 BNSS, Section 143 BNSS and Section 414 BNSS apply, so far as may be, in the case of sureties offered in pursuance of Section 401 BNSS.
• Under Section 401(7) BNSS, before directing the release of an offender under Section 401(1) BNSS, the Court shall be satisfied that the offender or the surety, if any, has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.
• Under Section 401(8) BNSS, if the Court which convicted the offender, or a Court which could have dealt with the offender in respect of the original offence, is satisfied that the offender has failed to observe any of the conditions of the recognizance, it may issue a warrant for the apprehension of the offender.
• Under Section 401(9) BNSS, an offender apprehended on such a warrant shall be brought forthwith before the Court issuing the warrant, and the Court may either remand the offender in custody until the case is heard or admit the offender to bail with a sufficient surety conditioned on appearing for sentence, and may, after hearing the case, pass sentence.

Time Limits Under Section 401 BNSS

• The period during which the offender is to appear and receive sentence when called upon under Section 401(1) BNSS is a period not exceeding three years, as the Court may direct.Act text: “during such period (not exceeding three years) as the Court may direct”
• Under Section 401(9) BNSS, an offender apprehended on a warrant shall be brought forthwith before the Court issuing the warrant.Act text: “shall be brought forthwith before the Court issuing the warrant”

Example of Section 401 BNSS

When Section 401 BNSS Does Not Apply

• Section 401 BNSS speaks of the power of the Court to release the offender on probation of good conduct or after admonition. It does not deal with the duty to record special reasons for not doing so, which is the subject of Section 402 BNSS, headed Special reasons to be recorded in certain cases.
• Section 401(1) BNSS speaks of a bond or bail bond entered into after conviction to appear and receive sentence. It does not deal with an order to give security, which is the subject of Section 136 BNSS, headed Order to give security.

Section 401 BNSS in the CrPC (Previous Law)

FAQs on Section 401 BNSS

Section 401 BNSS: Sub-sections Explained

Sections Related to Section 401 BNSS