Bharatiya Nagarik Suraksha Sanhita, 2023 | Chapter XXIX - The Judgment
Section 401 BNSS: Release on Probation of Good Conduct or After Admonition
Section 401 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a criminal court limited power, in appropriate cases, to release a convicted first offender on probation of good conduct or, for specified minor offences, after due admonition instead of immediately imposing punishment.
Meaning and purpose of Section 401 BNSS
Section 401 is a sentencing provision intended to permit reformative treatment in suitable cases. A conviction is not automatically erased. Instead, where the statutory conditions are satisfied, the court may postpone immediate punishment and release the offender on a bond or bail bond subject to good-conduct conditions, or may release the offender after due admonition in the class of cases described in sub-section (3).
The power is discretionary. The court must consider the offender's age, character and antecedents, the circumstances of the offence and, where relevant, the trivial nature of the offence, physical or mental condition, and any extenuating circumstances.
Who may be released on probation of good conduct?
- A person aged twenty-one years or above may qualify where the offence is punishable with fine only or imprisonment for seven years or less.
- A person under twenty-one years of age, or a woman, may qualify where the offence is not punishable with death or imprisonment for life.
- No previous conviction must be proved against the offender.
- The court must consider release on probation expedient after examining age, character, antecedents and the circumstances in which the offence was committed.
- The bond or bail bond may require the offender to appear and receive sentence when called upon during a period fixed by the court, not exceeding three years, and meanwhile to keep the peace and be of good behaviour.
Release after due admonition under Section 401(3)
Sub-section (3) separately permits release after due admonition where the convicted person is a first offender and the case falls within the specified categories, including theft, theft in a building, dishonest misappropriation, cheating, an offence under the Bharatiya Nyaya Sanhita, 2023 punishable with imprisonment of not more than two years, or an offence punishable with fine only.
Before using this power, the court may consider the offender's age, character, antecedents, physical or mental condition, the trivial nature of the offence and any extenuating circumstances surrounding the offence.
Appellate, revisional and enforcement powers
An order under Section 401 may also be made by an appellate court, or by the High Court or Court of Session when exercising revisional jurisdiction. In the circumstances stated in sub-section (5), the High Court or Court of Session may set aside a probation order and pass sentence according to law, but cannot impose a punishment greater than the convicting court could have imposed.
Before releasing an offender under sub-section (1), the court must be satisfied about the offender's or surety's fixed place of abode or regular occupation in the relevant place. Breach of the conditions may lead to a warrant, apprehension, hearing and sentence in accordance with sub-sections (8) and (9).
Full text of Section 401, Bharatiya Nagarik Suraksha Sanhita, 2023
401. Order to release on probation of good conduct or after admonition.
(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behavior:
Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:
Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.
(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958, or 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.
Section 401 BNSS and the Probation of Offenders Act, 1958
Section 401(10) is a saving clause. It makes clear that Section 401 does not displace the Probation of Offenders Act, 1958 or the Juvenile Justice (Care and Protection of Children) Act, 2015. The Probation of Offenders Act separately provides, among other matters, for release after admonition, release on probation of good conduct and restrictions concerning imprisonment of offenders under twenty-one years of age.
Accordingly, Section 401 should be read with any special probation, juvenile justice or rehabilitation law applicable to the offender and the case.
Official legal resources
India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
India Code - Probation of Offenders Act, 1958
India Code - Juvenile Justice (Care and Protection of Children) Act, 2015
Updated: 12 September 2026. This page is intended for general legal information and should be read with the current statutory text, notifications and applicable judicial decisions.