CRPC §361 → BNSS §402
Special reasons to be recorded in certain cases
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Comparison
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.
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; or (b) 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.
What changedAI-inferred
Special reasons to be recorded in certain cases.
Old position
CrPC 361 is concerned with Special reasons to be recorded in certain cases. Special reasons to be recorded in certain cases
New position
BNSS 402 preserves the framework with drafting modernisations as required by the new code. Topic: 20 of 1958. reasons to be recorded in. Where in any case the Court could have dealt with,
BNSS 402 (20 of 1958. reasons to be recorded in) preserves the framework of CrPC 361. BNSS 402 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 402 text: Where in any case the Court could have...
Editorial deltaAI-indicated (source-linked)
BNSS 402 (20 of 1958. reasons to be recorded in) preserves the framework of CrPC 361. BNSS 402 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 402 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; or (b) 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 361 continues to apply. For matters from that date forward, BNSS 402 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 402 (20 of 1958. reasons to be recorded in). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §361 → BNSS §402 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/361.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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