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Section 398

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions
3Construction of references
4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
5Saving

Chapter IIConstitution of Criminal Courts and Offices

6Classes of Criminal Courts
7Territorial divisions
8Court of Session
9Courts of Judicial Magistrates
10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
11Special Judicial Magistrates
12Local Jurisdiction of Judicial Magistrates
13Subordination of Judicial Magistrates
14Executive Magistrates
15Special Executive Magistrates
16Local Jurisdiction of Executive
17Subordination of Executive Magistrates
18Public Prosecutors
19Assistant Public Prosecutors
20Directorate of Prosecution

Chapter IIIPower of Courts

21Courts by which offences are triable
22Sentences which High Courts and Sessions Judges may pass
23Sentences which Magistrates may pass
24Sentence of imprisonment in default of fine
25Sentence in cases of conviction of several offences at one trial
26Mode of conferring powers
27Powers of officers appointed
28Withdrawal of powers
29Powers of Judges and Magistrates exercisable by their successors-in-office

Chapter IVPowers of Superior Officers of Police and Aid to the Magistrates and the Police

30Powers of superior officers of police
31Public when to assist Magistrates and police
32Aid to person, other than police officer, executing warrant
33Public to give information of certain offences
34Duty of officers employed in connection with affairs of a village to make certain report

Chapter VArrest of Persons

35When police may arrest without warrant
36Procedure of arrest and duties of officer making arrest
37Designated police officer
38Right of arrested person to meet an advocate of his choice during interrogation
39Arrest on refusal to give name and residence
40Arrest by private person and procedure on such arrest
41Arrest by Magistrate
42Protection of members of Armed Forces from arrest
43Arrest how made
44Search of place entered by person sought to be arrested
45Pursuit of offenders into other jurisdictions
46No unnecessary restraint
47Person arrested to be informed of grounds of arrest and of right to bail
48Obligation of person making arrest to inform about arrest, etc., to relative or friend
49Search of arrested person
50Power to seize offensive weapons
51Examination of accused by medical practitioner at request of police officer
52Examination of person accused of rape by medical practitioner
53Examination of arrested person by medical officer
54Identification of person arrested
55Section 55. Procedure when police officer deputes subordinate to arrest without warrant
56Section 56. Health and safety of arrested person
57Section 57. Person arrested to be taken before Magistrate or officer in charge of police station
58Section 58. Person arrested not to be detained more than twenty-four hours
59Section 59. Police to report apprehensions
60Section 60. Discharge of person apprehended
61Section 61. Power, on escape, to pursue and retake
62Section 62. Arrest to be made strictly according to Sanhita

Chapter VIA.—Summons · B.—Warrant of arrest · C.—Proclamation and attachment · D.—Other rules regarding processes

A.—Summons

63Form of summons
64Summons how served
65Service of summons on corporate bodies, firms, and societies
66Service when persons summoned cannot be found
67Procedure when service cannot be effected as before provided
68Service on Government servant
69Service of summons outside local limits
70Proof of service in such cases and when serving officer not present
71Service of summons on witness

B.—Warrant of arrest

72Form of warrant of arrest and duration
73Power to direct security to be taken
74Warrants to whom directed
75Warrant may be directed to any person
76Warrant directed to police officer
77Notification of substance of warrant
78Person arrested to be brought before Court without delay
79Where warrant may be executed
80Warrant forwarded for execution outside jurisdiction
81Warrant directed to police officer for execution outside jurisdiction
82Procedure on arrest of person against whom warrant issued
83Procedure by Magistrate before whom such person arrested is brought

C.—Proclamation and attachment

84Proclamation for person absconding
85Attachment of property of person absconding
86Identification and attachment of property of proclaimed person
87Claims and objections to attachment
88Release, sale and restoration of attached property
89Appeal from order rejecting application for restoration of attached property

D.—Other rules regarding processes

90Issue of warrant in lieu of, or in addition to, summons
91Power to take bond or bail bond for appearance
92Arrest on breach of bond or bail bond for appearance
93Provisions of this Chapter generally applicable to summons and warrants of arrest

Chapter VIIA.—Summons to produce · B.—Search-warrants · C.—General provisions relating to searches · D.—Miscellaneous

A.—Summons to produce

94Summons to produce document or other thing
95Procedure as to letters

B.—Search-warrants

96When search-warrant may be issued
97Search of place suspected to contain stolen property, forged documents, etc
98Power to declare certain publications forfeited and to issue search-warrants for same
99Application to High Court to set aside declaration of forfeiture
100Search for persons wrongfully confined
101Power to compel restoration of abducted females

C.—General provisions relating to searches

102Direction, etc., of search-warrants
103Persons in charge of closed place to allow search
104Disposal of things found in search beyond jurisdiction

D.—Miscellaneous

105Recording of search and seizure through audio video electronic means.
106Power of police officer to seize certain property
107Attachment, forfeiture or restoration of property
108Magistrate may direct search in his presence
109Power to impound document, etc., produced
110Reciprocal arrangements regarding processes

Chapter VIIIReciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property

111Definitions
112Letter of request to competent authority for investigation in a country or place outside India
113Letter of request from a country or place outside India to a Court or an authority for investigation in India
114Assistance in securing transfer of persons
115Assistance in relation to orders of attachment or forfeiture of property
116Identifying unlawfully acquired property
117Seizure or attachment of property
118Management of properties seized or forfeited under this Chapter
119Notice of forfeiture of property
120Forfeiture of property in certain cases
121Fine in lieu of forfeiture
122Certain transfers to be null and void
123Procedure in respect of letter of request
124Application of this Chapter

Chapter IXSecurity for Keeping the Peace and for Good Behaviour

125Security for keeping peace on conviction
126Security for keeping peace in other cases
127Security for good behaviour from persons disseminating certain matters
128Security for good behaviour from suspected persons
129Security for good behaviour from habitual offenders
130Order to be made
131Procedure in respect of person present in Court
132Summons or warrant in case of person not so present
133Copy of order to accompany summons or warrant
134Power to dispense with personal attendance
135Inquiry as to truth of information
136Order to give security
137Discharge of person informed against
138Commencement of period for which security is required
139Contents of bond
140Power to reject sureties
141Imprisonment in default of security
142Power to release persons imprisoned for failing to give security
143Security for unexpired period of bond

Chapter XOrder for Maintenance of Wives, Children and Parents

144Order for maintenance of wives, children and parents
145Procedure
146Alteration in allowance
147Enforcement of order of maintenance

Chapter XIA.—Unlawful assemblies · B.—Public nuisances · C.—Urgent cases of nuisance or apprehended danger · D.—Disputes as to immovable property

A.—Unlawful assemblies

148Dispersal of assembly by use of civil force
149Use of armed forces to disperse assembly
150Power of certain armed force officers to disperse assembly
151Protection against prosecution for acts done under sections 148, 149 and 150

B.—Public nuisances

152Conditional order for removal of nuisance
153Service or notification of order
154Person to whom order is addressed to obey or show cause
155Penalty for failure to comply with section 154
156Procedure where existence of public right is denied
157Procedure where person against whom order is made under section 152 appears to show-cause
158Power of Magistrate to direct local investigation and examination of an expert
159Power of Magistrate to furnish written instructions, etc
160Procedure on order being made absolute and consequences of disobedience
161Injunction pending inquiry
162Magistrate may prohibit repetition or Continuance of public nuisance

C.—Urgent cases of nuisance or apprehended danger

163Power to issue order in urgent cases of nuisance or apprehended danger

D.—Disputes as to immovable property

164Procedure where dispute concerning land or water is likely to cause breach of peace
165Power to attach subject of dispute and to appoint receiver
166Dispute concerning right of use of land or water
167Local inquiry

Chapter XIIPreventive Action of the Police

168Police to prevent cognizable offences
169Information of design to commit cognizable offences
170Arrest to prevent commission of cognizable offences
171Prevention of injury to public property
172Persons bound to conform to lawful directions of police

Chapter XIIIInformation to the Police and Their Powers to Investigate

173Information in cognizable cases
174Information as to non-cognizable cases and investigation of such cases
175Police officer?s power to investigate cognizable case
176Procedure for investigation
177Report how submitted
178Power to hold investigation or preliminary inquiry
179Police officer's power to require attendance of witnesses
180Examination of witnesses by police
181Statements to police and use thereof
182No inducement to be offered
183Recording of confessions and statements
184Medical examination of victim of rape
185Search by police officer
186When officer in charge of police station may require another to issue search-warrant
187Procedure when investigation cannot be completed in twenty-four hours
188Report of investigation by subordinate police officer
189Release of accused when evidence deficient
190Cases to be sent to Magistrate, when evidence is sufficient
191Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
192Diary of proceedings in investigation
193Section 193. Report of police officer on completion of investigation
194Section 194. Police to enquire and report on suicide, etc
195Section 195. Power to summon persons
196Section 196. Inquiry by Magistrate into cause of death

Chapter XIVJurisdiction of the Criminal Courts in Inquiries and Trials

197Ordinary place of inquiry and trial
198Place of inquiry or trial
199Offence triable where act is done or consequence ensues
200Place of trial where act is an offence by reason of relation to other offence
201Place of trial in case of certain offences
202Offences committed by means of electronic communications, letters, etc
203Offence committed on journey or voyage
204Place of trial for offences triable together
205Power to order cases to be tried in different sessions divisions
206High Court to decide, in case of doubt, district where inquiry or trial shall take place
207Power to issue summons or warrant for offence committed beyond local jurisdiction
208Offence committed outside India
209Receipt of evidence relating to offences committed outside India

Chapter XVConditions Requisite for Initiation of Proceedings

210Cognizance of offences by Magistrate
211Transfer on application of accused
212Making over of cases to Magistrates
213Cognizance of offences by Court of Session
214Additional Sessions Judges to try cases made over to them
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
216Procedure for witnesses in case of threatening, etc
217Prosecution for offences against State and for criminal conspiracy to commit such offence
218Prosecution of Judges and public servants
219Prosecution for offences against marriage
220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
221Cognizance of offence
222Prosecution for defamation

Chapter XVIComplaints to Magistrates

223Examination of complainant
224Procedure by Magistrate not competent to take cognizance of case
225Postponement of issue of process
226Dismissal of complaint

Chapter XVIICommencement of Proceedings Before Magistrates

227Issue of process
228Magistrate may dispense with personal attendance of accused
229Special summons in cases of petty offence
230Supply to accused of copy of police report and other documents
231Supply of copies of statements and documents to accused in other cases triable by Court of Session
232Commitment of case to Court of Session when offence is triable exclusively by it
233Procedure to be followed when there is a complaint case and police investigation in respect of same offence

Chapter XVIIIA.—Form of charges · B.—Joinder of charges

A.—Form of charges

234Contents of charge
235Particulars as to time, place and person
236When manner of committing offence must be stated
237Words in charge taken in sense of law under which offence is punishable
238Effect of errors
239Court may alter charge
240Recall of witnesses when charge altered

B.—Joinder of charges

241Separate charges for distinct offences
242Offences of same kind within year may be charged together
243Trial for more than one offence
244Where it is doubtful what offence has been committed
245When offence proved included in offence charged
246What persons may be charged jointly
247Withdrawal of remaining charges on conviction on one of several charges

Chapter XIXTrial Before a Court of Session

248Trial to be conducted by Public Prosecutor
249Opening case for prosecution
250Discharge
251Framing of charge
252Conviction on plea of guilty
253Date for prosecution evidence
254Evidence for prosecution
255Acquittal
256Entering upon defence
257Arguments
258Judgment of acquittal or conviction
259Previous conviction
260Procedure in cases instituted under sub-section (2) of section 222

Chapter XXA.—Cases instituted on a police report · B.—Cases instituted otherwise than on police report · C.—Conclusion of trial

A.—Cases instituted on a police report

261Compliance with section 230
262When accused shall be discharged
263Framing of charge
264Conviction on plea of guilty
265Evidence for prosecution
266Evidence for defence

B.—Cases instituted otherwise than on police report

267Evidence for prosecution
268When accused shall be discharged
269Procedure where accused is not discharged
270Evidence for defence

C.—Conclusion of trial

271Acquittal or conviction
272Absence of complainant
273Compensation for accusation without reasonable cause

Chapter XXITrial of Summons-cases by Magistrates

274Substance of accusation to be stated
275Conviction on plea of guilty
276Conviction on plea of guilty in absence of accused in petty cases
277Procedure when not convicted
278Acquittal or conviction
279Non-appearance or death of complainant
280Withdrawal of complaint
281Power to stop proceedings in certain cases
282Power of Court to convert summons-cases into warrant-cases

Chapter XXIISummary Trials

283Power to try summarily
284Summary trial by Magistrate of second class
285Procedure for summary trials
286Record in summary trials
287Judgment in cases tried summarily
288Language of record and judgment

Chapter XXIIIPlea Bargaining

289Application of Chapter
290Application for plea bargaining
291Guidelines for mutually satisfactory disposition
292Report of mutually satisfactory disposition to be submitted before Court
293Disposal of case
294Judgment of Court
295Finality of judgment
296Power of Court in plea bargaining
297Period of detention undergone by accused to be set off against sentence of imprisonment
298Savings
299Statements of accused not to be used
300Non-application of Chapter

Chapter XXIVAttendance of Persons Confined or Detained in Prisons

301Definitions
302Power to require attendance of prisoners
303Power of State Government or Central Government to exclude certain persons from operation of section 302
304Officer in charge of prison to abstain from carrying out order in certain contingencies
305Prisoner to be brought to Court in custody
306Power to issue commission for examination of witness in prison

Chapter XXVA.—Mode of taking and recording evidence · B.—Commissions for the examination of witnesses

A.—Mode of taking and recording evidence

307Language of Courts
308Evidence to be taken in presence of accused
309Record in summons-cases and inquiries
310Record in warrant-cases
311Record in trial before Court of Session
312Language of record of evidence
313Procedure in regard to such evidence when completed
314Interpretation of evidence to accused or his advocate
315Remarks respecting demeanour of witness
316Record of examination of accused
317Interpreter to be bound to interpret truthfully
318Record in High Court

B.—Commissions for the examination of witnesses

319When attendance of witness may be dispensed with and commission issued
320Commission to whom to be issued
321Execution of commissions
322Parties may examine witnesses
323Return of commission
324Adjournment of proceeding
325Execution of foreign commissions
326Deposition of medical witness
327Identification report of Magistrate
328Evidence of officers of Mint
329Reports of certain Government scientific experts
330No formal proof of certain documents
331Affidavit in proof of conduct of public servants
332Evidence of formal character on affidavit
333Authorities before whom affidavits may be sworn
334Previous conviction or acquittal how proved
335Record of evidence in absence of accused
336Evidence of public servants, experts, police officers in certain cases

Chapter XXVIGeneral Provisions as to Inquiries and Trials

337Person once convicted or acquitted not to be tried for same offence
338Appearance by Public Prosecutors
339Permission to conduct prosecution
340Right of person against whom proceedings are instituted to be defended
341Legal aid to accused at State expense in certain cases
342Procedure when corporation or registered society is an accused
343Tender of pardon to accomplice
344Power to direct tender of pardon
345Trial of person not complying with conditions of pardon
346Power to postpone or adjourn proceedings
347Local inspection
348Power to summon material witness, or examine person present
349Power of Magistrate to order person to give specimen signatures or handwriting, etc
350Expenses of complainants and witnesses
351Power to examine accused
352Oral arguments and memorandum of arguments
353Accused person to be competent witness
354No influence to be used to induce disclosure
355Provision for inquiries and trial being held in absence of accused in certain cases
356Inquiry, trial or judgment in absentia of proclaimed offender
357Section 357. Procedure where accused does not understand proceedings
358Section 358. Power to proceed against other persons appearing to be guilty of offence
359Section 359. Compounding of offences
360Section 360. Withdrawal from prosecution
361Section 361. Procedure in cases which Magistrate cannot dispose of
362Section 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
363Section 363. Trial of persons previously convicted of offences against coinage, stamp-law or property
364Section 364. Procedure when Magistrate cannot pass sentence sufficiently severe
365Section 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
366Section 366. Court to be open

Chapter XXVIIProvisions as to Accused Persons of Unsound Mind

367Procedure in case of accused being person of unsound mind
368Procedure in case of person of unsound mind tried before Court
369Release of person of unsound mind pending investigation or trial
370Resumption of inquiry or trial
371Procedure on accused appearing before Magistrate or Court
372When accused appears to have been of sound mind
373Judgment of acquittal on ground of unsoundness of mind
374Person acquitted on ground of unsoundness of mind to be detained in safe custody
375Power of State Government to empower officer in charge to discharge
376Procedure where prisoner of unsound mind is reported capable of making his defence
377Procedure where person of unsound mind detained is declared fit to be released
378Delivery of person of unsound mind to care of relative or friend

Chapter XXVIIIProvisions as to Offences Affecting the Administration of Justice

379Procedure in cases mentioned in section 215
380Appeal
381Power to order costs
382Procedure of Magistrate taking cognizance
383Summary procedure for trial for giving false evidence
384Procedure in certain cases of contempt
385Procedure where Court considers that case should not be dealt with under section 384
386When Registrar or Sub-Registrar to be deemed a Civil Court
387Discharge of offender on submission of apology
388Imprisonment or committal of person refusing to answer or produce document
389Summary procedure for punishment for non-attendance by a witness in obedience to summons
390Appeals from convictions under sections 383, 384, 388 and 389
391Certain Judges and Magistrates not to try certain offences when committed before themselves

Chapter XXIXThe Judgment

392Judgment
393Language and contents of judgment
394Order for notifying address of previously convicted offender
395Order to pay compensation
396Victim compensation scheme
397Treatment of victims
398Witness protection scheme
399Compensation to persons groundlessly arrested
400Order to pay costs in non-cognizable cases
401Order to release on probation of good conduct or after admonition
402Special reasons to be recorded in certain cases
403Court not to alter judgment
404Copy of judgment to be given to accused and other persons
405Judgment when to be translated
406Court of Session to send copy of finding and sentence to District Magistrate

Chapter XXXSubmission of Death Sentences for Confirmation

407Sentence of death to be submitted by Court of Session for confirmation
408Power to direct further inquiry to be made or additional evidence to be taken
409Power of High Court to confirm sentence or annul conviction
410Confirmation or new sentence to be signed by two Judges
411Procedure in case of difference of opinion
412Procedure in cases submitted to High Court for confirmation

Chapter XXXIAppeals

413No appeal to lie unless otherwise provided
414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
415Appeals from convictions
416No appeal in certain cases when accused pleads guilty
417No appeal in petty cases
418Appeal by State Government against sentence
419Appeal in case of acquittal
420Appeal against conviction by High Court in certain cases
421Special right of appeal in certain cases
422Appeal to Court of Session how heard
423Petition of appeal
424Procedure when appellant in jail
425Summary dismissal of appeal
426Procedure for hearing appeals not dismissed summarily
427Powers of Appellate Court
428Judgments of subordinate Appellate Court
429Order of High Court on appeal to be certified to lower Court
430Suspension of sentence pending appeal; release of appellant on bail
431Arrest of accused in appeal from acquittal
432Appellate Court may take further evidence or direct it to be taken
433Section 433. Procedure where Judges of Court of appeal are equally divided
434Section 434. Finality of judgments and orders on appeal
435Section 435. Abatement of appeals

Chapter XXXIIReference and Revision

436Reference to High Court
437Disposal of case according to decision of High Court
438Calling for records to exercise powers of revision
439Power to order inquiry
440Sessions Judge's powers of revision
441Power of Additional Sessions Judge
442High Court's powers of revision
443Power of High Court to withdraw or transfer revision cases
444Option of Court to hear parties
445High Court's order to be certified to lower Court

Chapter XXXIIITransfer of Criminal Cases

446Power of Supreme Court to transfer cases and appeals
447Power of High Court to transfer cases and appeals
448Power of Sessions Judge to transfer cases and appeals
449Withdrawal of cases and appeals by Sessions Judges
450Withdrawal of cases by Judicial Magistrates
451Making over or withdrawal of cases by Executive Magistrates
452Reasons to be recorded

Chapter XXXIVA.—Death sentences · B.—Imprisonment · C.—Levy of fine · D.—General provisions regarding execution · E.—Suspension, remission and commutation of sentences

A.—Death sentences

453Execution of order passed under section 409
454Execution of sentence of death passed by High Court
455Postponement of execution of sentence of death in case of appeal to Supreme Court
456Commutation of sentence of death on pregnant woman

B.—Imprisonment

457Power to appoint place of imprisonment
458Execution of sentence of imprisonment
459Direction of warrant for execution
460Warrant with whom to be lodged

C.—Levy of fine

461Warrant for levy of fine
462Effect of such warrant
463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
464Suspension of execution of sentence of imprisonment

D.—General provisions regarding execution

465Who may issue warrant
466Sentence on escaped convict when to take effect
467Sentence on offender already sentenced for another offence
468Period of detention undergone by accused to be set off against sentence of imprisonment
469Saving
470Return of warrant on execution of sentence
471Money ordered to be paid recoverable as a fine

E.—Suspension, remission and commutation of sentences

472Mercy petition in death sentence cases
473Power to suspend or remit sentences
474Power to commute sentence
475Restriction on powers of remission or commutation in certain cases
476Concurrent power of Central Government in case of death sentences
477State Government to act after concurrence with Central Government in certain cases

Chapter XXXVProvisions as to Bail and Bonds

478In what cases bail to be taken
479Maximum period for which under-trial prisoner can be detained
480When bail may be taken in case of non-bailable offence
481Bail to require accused to appear before next Appellate Court
482Direction for grant of bail to person apprehending arrest
483Special powers of High Court or Court of Session regarding bail
484Amount of bond and reduction thereof
485Bond of accused and sureties
486Declaration by sureties
487Discharge from custody
488Power to order sufficient bail when that first taken is insufficient
489Discharge of sureties
490Deposit instead of recognizance
491Procedure when bond has been forfeited
492Cancellation of bond and bail bond
493Procedure in case of insolvency or death of surety or when a bond is forfeited
494Bond required from child
495Appeal from orders under section 491
496Power to direct levy of amount due on certain recognizances

Chapter XXXVIDisposal of Property

497Order for custody and disposal of property pending trial in certain cases
498Order for disposal of property at conclusion of trial
499Payment to innocent purchaser of money found on accused
500Appeal against orders under section 498 or section 499
501Destruction of libellous and other matter
502Power to restore possession of immovable property
503Procedure by police upon seizure of property
504Procedure where no claimant appears within six months
505Power to sell perishable property

Chapter XXXVIIIrregular Proceedings

506Irregularities which do not vitiate proceedings
507Irregularities which vitiate proceedings
508Proceedings in wrong place
509Non-compliance with provisions of section 183 or section 316
510Effect of omission to frame, or absence of, or error in, charge
511Finding or sentence when reversible by reason of error, omission or irregularity
512Defect or error not to make attachment unlawful

Chapter XXXVIIILimitation for Taking Cognizance of Certain Offences

513Definitions
514Bar to taking cognizance after lapse of period of limitation
515Commencement of period of limitation
516Exclusion of time in certain cases
517Exclusion of date on which Court is closed
518Continuing offence
519Extension of period of limitation in certain cases

Chapter XXXIXMiscellaneous

520Trials before High Courts
521Delivery to commanding officers of persons liable to be tried by Court-martial
522Forms
523Power of High Court to make rules
524Power to alter functions allocated to Executive Magistrate in certain cases
525Cases in which Judge or Magistrate is personally interested
526Practising advocate not to sit as Magistrate in certain Courts
527Public servant concerned in sale not to purchase or bid for property
528Saving of inherent powers of High Court
529Duty of High Court to exercise continuous superintendence over Courts
530Trial and proceedings to be held in electronic mode
531Repeal and savings

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BNSS 398Chapter XXIX · The JudgmentWas CRPC New Section

Section 398 · Witness protection scheme

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Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

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BNSS 398CRPC New Section

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