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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 402 BNSS at a Glance

Section 402 BNSS deals with special reasons to be recorded in certain cases. It replaced Section 361 CrPC on 1 July 2024.

Was CrPC

Section 361 →

Section 402 BNSS Bare Act Text

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.

Source: Section 402, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 402 BNSS in Simple Words

Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with special reasons to be recorded in certain cases.

Where in any case the Court could have dealt with an accused person under Section 401 BNSS or under the provisions of 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 for the treatment, training or rehabilitation of youthful offenders, but has not done so, the Court shall record in its judgment the special reasons for not having done so.

When Section 402 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 402 BNSS

Ramesh is an accused person tried before a Court in a case where the Court could have dealt with Ramesh under Section 401 BNSS. After hearing the case, the Judge decides not to deal with Ramesh under that provision or under the Probation of Offenders Act, 1958. Because the Court could have dealt with Ramesh under Section 401 BNSS but has not done so, the Court shall record in its judgment the special reasons for not having done so.

When Section 402 BNSS Does Not Apply

  • Section 402 BNSS speaks of recording special reasons in the judgment where the Court has not dealt with the person under the named provisions. It does not deal with the power of the Court to release an offender on probation of good conduct or after admonition, which is the subject of Section 401 BNSS, headed Order to release on probation of good conduct or after admonition.
  • Section 402 BNSS speaks of the Court recording special reasons in its judgment. It does not deal with the bar on altering or reviewing a signed judgment or final order, which is the subject of Section 403 BNSS, headed Court not to alter judgment.

Section 402 BNSS in the CrPC (Previous Law)

Section 402 BNSS replaces Section 361 CrPC from the old criminal code.

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.

View CrPC Section 361 →

FAQs on Section 402 BNSS

When must a Court record special reasons under Section 402 BNSS?▼

Under Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where in any case the Court could have dealt with an accused person under Section 401 BNSS or under the provisions of 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 for the treatment, training or rehabilitation of youthful offenders, but has not done so, the Court shall record in its judgment the special reasons for not having done so.

Which provisions are named for an accused person in Section 402(a) BNSS?▼

Section 402(a) BNSS names 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.

Which laws for youthful offenders are named in Section 402(b) BNSS?▼

Section 402(b) BNSS names 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.

What changed from Section 361 CrPC to Section 402 BNSS from 1 July 2024?▼

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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·