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CrPC Section 361 in BNSS: Section 402

Special reasons to be recorded in certain cases

Section 361 of the Code of Criminal Procedure, 1973 (Special reasons to be recorded in certain cases) corresponds to Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

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Text of BNSS Section 402

402. 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.

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