Bharatiya Nagarik Suraksha Sanhita
BNSS 402 was CrPC 361.
Special reasons to be recorded in certain cases.
Carried over
93% of the old wording kept
Old · CrPC 1973 · Ch. XXVII
s. 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXIX
s. 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.
Text from India Code