Section-402 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-402: Special reasons to be recorded in certain cases – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code.

Bharatiya Nagarik Suraksha Sanhita, 2023Code of Criminal Procedure, 1973 (corresponding 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.
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.

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