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Code of Criminal Procedure, 1973 · Chapter XXVII: The Judgment

Section 361: Special reasons to be recorded in certain cases

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 402 (Special reasons to be recorded in certain cases)

In plain words

Where a court could have released an accused on probation under section 360 or the Probation of Offenders Act, 1958, or dealt with a youthful offender under juvenile laws, but does not, it must record special reasons in its judgment.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 361