What Is BNSS Section 402?

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,—

• an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958; or
• a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 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.

Brief Detail

Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires that if a court has the option to deal with an accused person under certain provisions or laws (like section 401 or the Probation of Offenders Act, 1958, or the Juvenile Justice Act, 2015), but chooses not to, it must provide special reasons for its decision. These reasons must be recorded in the court's judgment.

Question & Answers

Q1: Under which sections can a court deal with an accused person, as per Section 402 of Bharatiya Nagarik Suraksha Sanhita, 2023?

A1: A court can deal with an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958.

Q2: What should a court do if it chooses not to deal with an accused person under the specified laws?

A2: The court must record special reasons in its judgment for not having dealt with the accused person under those laws.

Q3: Which other law is mentioned in the context of youthful offenders in Section 402?

A3: The Juvenile Justice (Care and Protection of Children) Act, 2015, or any other law for the time being in force for the treatment, training, or rehabilitation of youthful offenders.

Q4: What is the consequence if a court does not record special reasons when not dealing with an accused person under the relevant provisions?

A4: The court is obligated to record the special reasons in its judgment, or else the decision may be considered incomplete or improper.

Example

Example 1:

A court is hearing a case involving a young adult who has committed a non-violent crime. The court could decide to apply the Probation of Offenders Act, 1958, but instead, it opts for imprisonment. In this scenario, the court must record special reasons for not applying the Probation Act.

Example 2:

A juvenile is brought before the court for a minor offense. The Juvenile Justice (Care and Protection of Children) Act, 2015, provides for rehabilitation rather than punishment. If the court chooses not to apply this law, it must specify the special reasons for not doing so in the judgment.

Summary

Section 402 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizes that if a court has the discretion to deal with an accused person or youthful offender under specific laws, such as the Probation of Offenders Act or the Juvenile Justice Act, it must provide special reasons in its judgment if it chooses not to utilize those provisions. This ensures transparency and accountability in judicial decisions.