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CrPC · Chapter XXVII · The judgment

CrPC section 361 in the BNSS

CrPC 361BNSS 402

CrPC section 361, “Special reasons to be recorded in certain cases”, is now BNSS section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 361 to BNSS 402

Now BNSS section 402, with the same rule; the reference is to the Juvenile Justice (Care and Protection of Children) Act, 2015 (CrPC: the Children Act, 1960).

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

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 texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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