Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIX: The Judgment

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

Corresponding CrPC: Section 361 CrPC

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a Court could have dealt with an accused under section 401 or the Probation of Offenders Act, 1958, or with a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 or similar law, but did not, it must record in its judgment the special reasons for not doing so.