Section 361 CrPC: Special reasons to be recorded in certain cases

Code of Criminal Procedure, 1973

Section 361 CrPC at a Glance

Section 361 CrPC deals with special reasons to be recorded in certain cases. From 1 July 2024 it is replaced by Section 402 BNSS.

Now BNSS

Section 402 →

What Section 361 CrPC Says

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.

Source: Section 361, Code of Criminal Procedure, 1973

Section 361 CrPC in Simple Words

Section 361 of the Code of Criminal Procedure, 1973 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 360 CrPC or under the provisions of the Probation of Offenders Act, 1958, or with a youthful offender under the Children Act, 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, the Court shall record in its judgment the special reasons for not having done so.

When Section 361 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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 361 CrPC

Ramesh is an accused person tried before a Court in a case where the Court could have dealt with Ramesh under Section 360 CrPC. 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 360 CrPC but has not done so, the Court shall record in its judgment the special reasons for not having done so.

When Section 361 CrPC Does Not Apply

  • Section 361 CrPC 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 360 CrPC, headed Order to release on probation of good conduct or after admonition.
  • Section 361 CrPC 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 362 CrPC, headed Court not to alter judgment.

Section 361 CrPC Under BNSS 402: What Changed

Section 361 CrPC is now covered under Section 402 BNSS.

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 detailed comparison (CrPC 361 vs BNSS 402) →

FAQs on Section 361 CrPC

When must a Court record special reasons under Section 361 CrPC?▼

Under Section 361 of the Code of Criminal Procedure, 1973, where in any case the Court could have dealt with an accused person under Section 360 CrPC or under the provisions of the Probation of Offenders Act, 1958, or with a youthful offender under the Children Act, 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, 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 361(a) CrPC?▼

Section 361(a) CrPC names 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.

Which laws for youthful offenders are named in Section 361(b) CrPC?▼

Section 361(b) CrPC names 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.

Where is Section 361 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 361 CrPC is found in Section 402 BNSS, with Section 361(a) CrPC in Section 402(a) BNSS and Section 361(b) CrPC in Section 402(b) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·