Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 – Complete Notes

Lexibal BNSS Notes
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Explore the complete table of contents of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 with all chapters, sections, schedules, and structure.

Contents
Chapter I – PreliminaryChapter II: Constitution of Criminal Courts and OfficesChapter III: Power of CourtsChapter IV: Powers of Superior Officers of Police and Aid to Magistrates and PoliceChapter V: Arrest of PersonsChapter VI – Process to Compel AppearanceChapter VII – Processes to Compel the Production of ThingsChapter VIII – Security for Keeping the Peace and for Good BehaviourChapter X – Order for Maintenance of Wives, Children and ParentsChapter XI: Maintenance of Public Order and TranquillityChapter XII: Preventive Action of the PoliceChapter XIII – Information to the Police and Their Powers to InvestigateChapter XIV – Jurisdiction of the Criminal Courts in Inquiries and TrialsChapter XV – Conditions Requisite for Initiation of ProceedingsChapter XVI: Complaints to MagistratesChapter XVII – Commencement of Proceedings before Magistrates Chapter XVIII – The ChargeChapter XIX: Trial Before a Court of SessionChapter XX – Trial of Warrant Cases by MagistratesChapter XXI: Trial of Summons-Cases by MagistratesChapter XXII: Plea BargainingChapter XXIV: Attendance of Persons Confined or Detained in PrisonsChapter XXVI – General Provisions as to Inquiries and TrialsChapter XXVII – Provisions as to Accused Persons of Unsound MindChapter XXVIII – Provisions as to Offences Affecting the Administration of JusticeChapter XXIX – The JudgmentChapter XXX – Submission of Death Sentences for ConfirmationChapter XXXI – AppealsChapter XXXII – Reference and RevisionChapter XXXIII – Transfer of Criminal CasesChapter XXXIV – Execution, Suspension, Remission and Commutation of SentencesChapter XXXV – Provisions as to Bail and BondsChapter XXXVI – Disposal of PropertyChapter XXXVII – Irregular ProceedingsChapter XXXVIII – Limitation for Taking CognizanceChapter XXXIX – Miscellaneous

Chapter I – Preliminary

Section NumberTopic NameView Here
1Short title, extent and commencementView here
2DefinitionsView here
3Construction of referencesView here
4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other lawsView here
5SavingView here

Chapter II: Constitution of Criminal Courts and Offices

Section NumberTopic NameView Here
6Classes of Criminal CourtsView here
7Territorial divisionsView here
8Court of SessionView here
9Courts of Judicial MagistratesView here
10Chief Judicial Magistrate and Additional Chief Judicial MagistrateView here
11Special Judicial MagistratesView here
12Local jurisdiction of Judicial MagistratesView here
13Subordination of Judicial MagistratesView here
14Executive MagistratesView here
15Special Executive MagistratesView here
16Local jurisdiction of Executive MagistratesView here
17Subordination of Executive MagistratesView here
18Public ProsecutorsView here
19Assistant Public ProsecutorsView here
20Directorate of ProsecutionView here

Chapter III: Power of Courts

Section NumberTopic NameView Here
21Courts by which offences are triableView here
22Sentences which High Courts and Sessions Judges may passView here
23Sentences which Magistrates may passView here
24Sentence of imprisonment in default of fineView here
25Sentence in cases of conviction of several offences at one trialView here
26Mode of conferring powersView here
27Powers of officers appointedView here
28Withdrawal of powersView here
29Powers of Judges and Magistrates exercisable by successors-in-officeView here

Chapter IV: Powers of Superior Officers of Police and Aid to Magistrates and Police

Section NumberTopic NameView Here
30Powers of superior officers of policeView here
31Public when to assist Magistrates and policeView here
32Aid to person, other than police officer, executing warrantView here
33Public to give information of certain offencesView here
34Duty of officers employed in connection with affairs of a village to make certain reportView here

Chapter V: Arrest of Persons

Section NumberTopic NameView Here
35Arrest of personsView here
36Procedure of arrest and duties of officer making arrestView here
37Arrest by private person and procedure on such arrestView here
38Arrest by MagistrateView here
39Protection of members of Armed Forces from arrestView here
40Arrest how madeView here
41Search of place entered by person sought to be arrestedView here
42Power to break open doors and windows for purposes of liberationView here
43No unnecessary restraintView here
44Search of arrested personView here
45Seizure of offensive weaponsView here
46Medical examination of accusedView here
47Examination of accused by medical practitioner at request of policeView here
48Identification of persons arrestedView here
49Power to seize offensive weaponsView here
50Person arrested to be informed of grounds of arrest and of right to bailView here
51Obligation of person making arrest to inform about arrest, etc.View here
52Search of arrested personView here
53When police may arrest without warrantView here
54Arrest on refusal to give name and residenceView here
55Release of person arrestedView here
56Magistrate’s power to remandView here
57Police to report apprehensionsView here
58Discharge of person apprehendedView here
59Bail in non-bailable offencesView here
60Arrest to be made strictly according to lawView here
61Arrest during investigationView here
62Detention beyond twenty-four hoursView here

Chapter VI – Process to Compel Appearance

Section NumberTopic NameView Here
63Summons how issuedView here
64Summons to be in writingView here
65Summons by whom servedView here
66Summons on corporate bodies and societiesView here
67Service of summons where person summoned cannot be foundView here
68Proof of service in such casesView here
69Service of summons on Government servantView here
70Service of summons outside local limitsView here
71Proof of serviceView here
72Power to issue warrant in lieu of, or in addition to, summonsView here
73Warrant of arrestView here
74Form of warrant of arrest and durationView here
75Court may direct security to be takenView here
76Warrants to whom directedView here
77Warrant directed to police officerView here
78Warrant directed to any other personView here
79Warrant may be executed outside jurisdictionView here
80Warrant forwarded for execution outside jurisdictionView here
81Procedure on arrest of person against whom warrant issuedView here
82Proclamation for person abscondingView here
83Attachment of property of person abscondingView here
84Claims and objections to attachmentView here
85Release, sale and restoration of attached propertyView here
86Appeal from order rejecting application for restorationView here
87Issue of proclamation and attachment simultaneouslyView here
88Power to take bond for appearanceView here
89Arrest on breach of bondView here
90Provisions of this Chapter generally applicableView here
91Summons to produce document or thingView here
92Procedure as to letters and telegramsView here
93Search warrantsView here

Chapter VII – Processes to Compel the Production of Things

Section NumberTopic NameView Here
94When search-warrant may be issuedView here
95Power to declare certain publications forfeited and to issue search-warrants for the sameView here
96Application to High Court to set aside declaration of forfeitureView here
97Search for persons wrongfully confinedView here
98Restoration of abducted femalesView here
99Search of place suspected to contain stolen property, forged documents, etc.View here
100Persons in charge of closed place to allow searchView here
101Disposal of things found in search beyond jurisdictionView here

Chapter VIII – Security for Keeping the Peace and for Good Behaviour

Section NumberTopic NameView Here
107Security for keeping the peace in other casesView here
108Security for good behaviour from persons disseminating seditious mattersView here
109Security for good behaviour from suspected personsView here
110Security for good behaviour from habitual offendersView here
111Order to be madeView here
112Procedure in respect of person present in CourtView here
113Summons or warrant in case of person not so presentView here
114Copy of order to accompany summons or warrantView here
115Power to dispense with personal attendanceView here
116Inquiry as to truth of informationView here
117Order to give securityView here
118Period for which security is requiredView here
119Contents of bondView here
120Power to reject suretiesView here
121Imprisonment in default of securityView here
122Power to release persons imprisoned for failing to give securityView here
123Power of Magistrate to cancel bondView here

Chapter X – Order for Maintenance of Wives, Children and Parents

Section NumberTopic NameView Here
144Order for maintenance of wives, children and parentsView here
145Procedure for maintenance proceedingsView here
146Alteration in allowanceView here
147Enforcement of order of maintenanceView here

Chapter XI: Maintenance of Public Order and Tranquillity

Section NumberTopic NameView Here
148Dispersal of assembly by use of civil forceView here
149Use of armed forces to disperse assemblyView here
150Power of certain armed force officers to disperse assemblyView here
151Protection against prosecution for acts done under sections 148–150View here
152Conditional order for removal of nuisanceView here
153Service or notification of orderView here
154Person to whom order is addressed to obey or show causeView here
155Penalty for failure to comply with section 154View here
156Procedure where existence of public right is deniedView here
157Procedure where person shows cause against orderView here
158Power of Magistrate to direct local investigationView here
159Power of Magistrate to furnish written instructionsView here
160Procedure on order being made absoluteView here
161Injunction pending inquiryView here
162Magistrate may prohibit repetition or continuance of nuisanceView here
163Power to issue order in urgent casesView here
164Dispute concerning land or water likely to cause breach of peaceView here
165Power to attach subject of dispute and appoint receiverView here
166Dispute concerning right of use of land or waterView here
167Local inquiryView here

Chapter XII: Preventive Action of the Police

Section NumberTopic NameView Here
168Police to prevent cognizable offencesView here
169Information of design to commit cognizable offencesView here
170Arrest to prevent commission of cognizable offencesView here
171Prevention of injury to public propertyView here
172Inspection of weights and measuresView here

Chapter XIII – Information to the Police and Their Powers to Investigate

Section NumberTopic NameView Here
173Information in cognizable cases (FIR)View here
174Procedure for investigationView here
175Power to summon persons acquainted with factsView here
176Examination of witnesses by policeView here
177Statements of witnesses to policeView here
178No inducement to be offeredView here
179Record of statements and confessionsView here
180Search by police officerView here
181Seizure of property suspected to be stolenView here
182Report of police officer on completion of investigationView here
183Power of Magistrate to order further investigationView here

Chapter XIV – Jurisdiction of the Criminal Courts in Inquiries and Trials

Section NumberTopic NameView Here
184Ordinary place of inquiry and trialView here
185Place of inquiry or trialView here
186Offence committed by letters, etc.View here
187Offences committed outside IndiaView here
188Place of trial where offence is uncertainView here
189Offence continuing in more than one local areaView here
190Place of trial for offences relating to propertyView here
191Place of trial for offences of criminal misappropriation and breach of trustView here
192Place of trial for offences committed in course of journeyView here

Chapter XV – Conditions Requisite for Initiation of Proceedings

Section NumberTopic NameView Here
210Cognizance of offences by MagistrateView here
211Transfer on application of accusedView here
212Making over of cases to MagistratesView here
213Cognizance of offences by Court of SessionView here
214Additional Sessions Judges to try casesView here
215Prosecution for contempt of lawful authority of public servantsView here
216Procedure for witnesses in case of threatening, etc.View here
217Prosecution for offences against StateView here
218Prosecution of Judges and public servantsView here
219Prosecution for offences against marriageView here
220Prosecution under Bharatiya Nyaya Sanhita, 2023View here
221Cognizance of offenceView here
222Prosecution for defamationView here

Chapter XVI: Complaints to Magistrates

Section NumberTopic NameView Here
223Examination of complainantView here
224Procedure by Magistrate not competent to take cognizanceView here
225Postponement of issue of processView here
226Dismissal of complaintView here

Chapter XVII – Commencement of Proceedings before Magistrates

227Issue of processView here
228Magistrate may dispense with personal attendance of accusedView here
229Special summons in cases of petty offenceView here
230Supply to accused of copy of police report and documentsView here
231Supply of copies in cases triable by Court of SessionView here
232Commitment of case to Court of SessionView here
233Procedure where complaint case and police investigation coexistView here

Chapter XVIII – The Charge

Section NumberTopic NameView Here
234Contents of chargeView here
235Particulars as to time, place and personView here
236When manner of committing offence must be statedView here
237Words in charge taken in legal senseView here
238Effect of errors in chargeView here
239Court may alter chargeView here
240Recall of witnesses when charge alteredView here
241Separate charges for distinct offencesView here
242Offences of same kind within one yearView here
243Trial for more than one offenceView here
244Doubt as to offence committedView here
245Conviction for offence included in offence chargedView here
246Persons who may be charged jointlyView here
247Withdrawal of remaining chargesView here

Chapter XIX: Trial Before a Court of Session

Section NumberTopic NameView Here
248Trial to be conducted by Public ProsecutorView here
249Opening case for prosecutionView here
250DischargeView here
251Framing of chargeView here
252Conviction on plea of guiltyView here
253Date for prosecution evidenceView here
254Evidence for prosecutionView here
255AcquittalView here
256Entering upon defenceView here
257ArgumentsView here
258Judgment of acquittal or convictionView here
259Previous convictionView here
260Procedure in cases under section 222(2)View here

Chapter XX – Trial of Warrant Cases by Magistrates

Section NumberTopic NameView Here
261Compliance with section 230View here
262When accused shall be dischargedView here
263Framing of chargeView here
264Conviction on plea of guiltyView here
265Evidence for prosecutionView here
266Evidence for defenceView here
267Evidence for prosecution (after defence)View here
268When accused shall be discharged (post evidence)View here
269Procedure where accused is not dischargedView here
270Evidence for defenceView here
271Acquittal or convictionView here
272Absence of complainantView here
273Compensation for accusation without reasonable causeView here

Chapter XXI: Trial of Summons-Cases by Magistrates

Section NumberTopic NameView Here
274Substance of accusation to be statedView here
275Conviction on plea of guiltyView here
276Conviction on plea of guilty in absence of accused in petty casesView here
277Procedure when not convictedView here
278Acquittal or convictionView here
279Non-appearance or death of complainantView here
280Withdrawal of complaintView here
281Power to stop proceedings in certain casesView here
282Power of Court to convert summons-cases into warrant-casesView here

Chapter XXII: Plea Bargaining

293Disposal of caseView here
294Judgment of CourtView here
295Finality of judgmentView here
296Power of Court in plea bargainingView here
297Period of detention undergone to be set off against sentenceView here
298SavingsView here
299Statements of accused not to be usedView here
300Non-application of Chapter

Chapter XXIV: Attendance of Persons Confined or Detained in Prisons

SectionTopicView Here
301DefinitionsView
302Power to require attendance of prisonersView
303Power of State Government or Central Government to exclude certain persons from operation of section 302View
304Officer in charge of prison to abstain from carrying out order in certain contingenciesView
305Prisoner to be brought to Court in custodyView
306Power to issue commission for examination of witness in prisonView

Chapter XXV – Evidence in Inquiries and Trials

SectionTopicView Here
307Language of CourtsView
308Evidence to be taken in presence of accusedView
309Record in summons-cases and inquiriesView
310Record in warrant-casesView
311Record in trial before Court of SessionView
312Language of record of evidenceView
313Procedure in regard to such evidence when completedView
314Interpretation of evidence to accused or his advocateView
315Remarks Respecting demeanour of witnessView
316Record of Examination of accusedView
317Interpreter to be bound to interpret truthfullyView
318Record in High CourtView
319When attendance of witness may be dispensed with and commission issuedView
320Commission to whom to be issuedView
321Execution of commissionsView
322Parties may examine witnessesView
323Return of commissionView
324Adjournment of proceedingView
325Execution of Foreign commissionsView
326Deposition of Medical witnessView
327Identification report of MagistrateView
328Evidence of officers of MintView
329Reports of Certain Government Scientific expertsView
330No formal proof of certain documentsView
331Affidavit in proof of conduct of public servantsView
332Evidence of formal character on affidavitView
333Authorities before whom affidavits may be swornView
334Previous conviction or acquittal how provedView
335Record of evidence in absence of accusedView
336Evidence of public servants, experts, police officers in certain casesView

Chapter XXVI – General Provisions as to Inquiries and Trials

SectionTopicView Here
337Person once convicted or acquitted not to be tried for same offenceView
338Appearance by Public ProsecutorsView
339Permission to conduct prosecutionView
340Right of person against whom proceedings are instituted to be defendedView
341Legal aid to accused at State expense in certain casesView
342Procedure when corporation or registered society is an accusedView
343Tender of pardon to accompliceView
344Power to direct tender of pardonView
345Trial of person not complying with conditions of pardonView
346Power to postpone or adjourn proceedingsView
347Local inspectionView
348Power to summon material witness, or examine person presentView
349Power of Magistrate to order person to give specimen signatures or handwriting, etcView
350Expenses of Complainants and witnessesView
351Power to Examine accusedView
352Oral arguments and memorandum of argumentsView
353Accused person to be competent witnessView
354No influence to be used to induce disclosureView
355Provision for inquiries and trial being held in absence of accused in certain casesView
356Inquiry, trial or judgment in absentia of proclaimed offenderView
357Procedure where accused does not understand proceedingsView
358Power to Proceed against other persons appearing to be guilty of offenceView
359Compounding of offencesView
360Withdrawal from prosecutionView
361Procedure in cases which Magistrate cannot dispose ofView
362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committedView
363Trial of persons previously convicted of offences against coinage, stamp-law or propertyView
364Procedure when Magistrate cannot pass sentence sufficiently severeView
365Conviction or commitment on evidence partly recorded by one Magistrate and partly by anotherView
366Court to be openView

Chapter XXVII – Provisions as to Accused Persons of Unsound Mind

SectionTopicView Here
367Procedure in case of accused being person of unsound mindView
368Procedure in case of person of unsound mind tried before CourtView
369Release of person of unsound mind pending investigation or trialView
370Resumption of inquiry or trialView
371Procedure on accused appearing before Magistrate or CourtView
372When accused appears to have been of sound mindView
373Judgment of acquittal on ground of unsoundness of mindView
374Person acquitted on ground of unsoundness of mind to be detained in safe custodyView
375Power of State Government to empower officer in charge to dischargeView
376Procedure where prisoner of unsound mind is reported capable of making his defenceView
377Procedure where person of unsound mind detained is declared fit to be releasedView
378Delivery of person of unsound mind to care of relative or friendView

Chapter XXVIII – Provisions as to Offences Affecting the Administration of Justice

SectionTopicView Here
379Procedure in cases mentioned in section 215View
380AppealView
381Power to order costsView
382DefinitionsView
383Summary procedure for trial for giving false evidenceView
384Procedure in certain cases of contemptView
385Procedure where Court considers that case should not be dealt with under section 384View
386When Registrar or Sub-Registrar to be deemed a Civil CourtView
387Discharge of offender on submission of apologyView
388Imprisonment or committal of person refusing to answer or produce documentView
389Summary procedure for punishment for nonattendance by a witness in obedience to summonsView
390Appeals from convictions under sections 383, 384, 388 and 389View
391Certain Judges and Magistrates not to try certain offences when committed before themselvesView

Chapter XXIX – The Judgment

SectionTopicView Here
392JudgmentView
393Language and contents of judgmentView
394Order for notifying address of previously convicted offenderView
395Order to pay compensationView
396Victim Compensation SchemeView
397Treatment of victimsView
398Witness Protection SchemeView
399Compensation to persons groundlessly arrestedView
400Order to pay costs in non-cognizable casesView
401Order to release on probation of good conduct or after admonitionView
402Special reasons to be recorded in certain casesView
403Court not to alter judgmentView
404Copy of judgment to be given to accused and other personsView
405Judgment when to be translatedView
406Court of Session to send copy of finding and sentence to District MagistrateView

Chapter XXX – Submission of Death Sentences for Confirmation

SectionTopicView Here
407Sentence of death to be submitted by Court of Session for confirmationView
408Power to direct further inquiry to be made or additional evidence to be takenView
409Power of High Court to confirm sentence or annul convictionView
410Confirmation or new sentence to be signed by two JudgesView
411Procedure in case of difference of opinionView
412Procedure in cases submitted to High Court for confirmationView

Chapter XXXI – Appeals

SectionTopicView Here
413No appeal to lie unless otherwise providedView
414Appeal from orders requiring security or refusal to accept or rejecting suretyView
415Appeals from convictionsView
416No appeal when accused pleads guiltyView
417No appeal in petty casesView
418Appeal by State Government against sentenceView
419Appeal in case of acquittalView
420Appeal against conviction by High Court in certain casesView
421Special right of appeal in certain casesView
422Appeal to Court of Session how heardView
423Petition of appealView
424Procedure when appellant in jailView
425Summary dismissal of appealView
426Procedure for hearing appeals not dismissed summarilyView
427Powers of Appellate CourtView
428Judgments of subordinate Appellate CourtView
429Order of High Court on appeal to be certified to lower CourtView
430Suspension of sentence pending appeal; release on bailView
431Arrest of accused in appeal from acquittalView
432Appellate Court may take further evidenceView
433Procedure where Judges are equally dividedView
434Finality of judgments and orders on appealView
435Abatement of appealsView

Chapter XXXII – Reference and Revision

SectionTopicView Here
436Reference to High CourtView
437Disposal of case according to decision of High CourtView
438Calling for records to exercise revisionView
439Power to order inquiryView
440Sessions Judge’s powers of revisionView
441Power of Additional Sessions JudgeView
442High Court’s powers of revisionView
443Power of High Court to withdraw or transfer revisionView
444Option of Court to hear partiesView
445High Court’s order to be certified to lower CourtView

Chapter XXXIII – Transfer of Criminal Cases

SectionTopicView Here
446Power of Supreme Court to transfer cases and appealsView
447Power of High Court to transfer cases and appealsView
448Power of Sessions Judge to transfer cases and appealsView
449Withdrawal of cases and appeals by Sessions JudgesView
450Withdrawal of cases by Judicial MagistratesView
451Making over or withdrawal of cases by Executive MagistratesView
452Reasons to be recordedView

Chapter XXXIV – Execution, Suspension, Remission and Commutation of Sentences

SectionTopicView Here
453Execution of order passed under section 409View
454Execution of sentence of death by High CourtView
455Postponement of execution of death sentenceView
456Commutation of death sentence on pregnant womanView
457Power to appoint place of imprisonmentView
458Execution of sentence of imprisonmentView
459Direction of warrant for executionView
460Warrant with whom to be lodgedView
461Warrant for levy of fineView
462Effect of such warrantView
463Warrant for levy of fine outside jurisdictionView
464Suspension of execution of imprisonmentView
465Who may issue warrantView
466Sentence on escaped convictView
467Sentence on offender already sentencedView
468Set-off of detention periodView
469SavingView
470Return of warrantView
471Money ordered to be paid recoverable as fineView
472Mercy petition in death sentence casesView
473Power to suspend or remit sentencesView
474Power to commute sentenceView
475Restriction on remission or commutationView
476Concurrent power of Central GovernmentView
477State Government concurrence with Central GovernmentView

Chapter XXXV – Provisions as to Bail and Bonds

SectionTopicView Here
478In what cases bail to be takenView
479Maximum period for detention of undertrialView
480Bail in non-bailable offenceView
481Bail requiring appearance before Appellate CourtView
482Anticipatory bailView
483Special powers of High Court or Sessions CourtView
484Amount of bondView
485Bond of accused and suretiesView
486Declaration by suretiesView
487Discharge from custodyView
488Order for sufficient bailView
489Discharge of suretiesView
490Deposit instead of recognizanceView
491Forfeiture of bond procedureView
492Cancellation of bond and bail bondView
493Insolvency or death of suretyView
494Bond required from childView
495Appeal from orders under section 491View
496Levy of amount due on recognizanceView

Chapter XXXVI – Disposal of Property

SectionTopicView Here
497Custody and disposal pending trialView
498Disposal at conclusion of trialView
499Payment to innocent purchaserView
500Appeal against disposal ordersView
501Destruction of libellous matterView
502Restore possession of immovable propertyView
503Police seizure procedureView
504No claimant within six monthsView
505Sale of perishable propertyView

Chapter XXXVII – Irregular Proceedings

SectionTopicView Here
506Irregularities not vitiating proceedingsView
507Irregularities vitiating proceedingsView
508Proceedings in wrong placeView
509Non-compliance with certain provisionsView
510Error or absence of chargeView
511Finding reversible due to errorView
512Attachment not unlawful due to defectView

Chapter XXXVIII – Limitation for Taking Cognizance

SectionTopicView Here
513DefinitionsView
514Bar after limitation periodView
515Commencement of limitationView
516Exclusion of timeView
517Court closed exclusionView
518Continuing offenceView
519Extension of limitationView

Chapter XXXIX – Miscellaneous

SectionTopicView Here
520Trials before High CourtsView
521Delivery to commanding officerView
522FormsView
523High Court rule-making powerView
524Alter functions of Executive MagistrateView
525Judge or Magistrate personally interestedView
526Advocate not to sit as MagistrateView
527Public servant not to purchase propertyView
528Saving of inherent powers of High CourtView
529Superintendence over CourtsView
530Electronic mode of trialView
531Repeal and savingsView

ScheduleContent
First ScheduleClassification of Offences
Second ScheduleForms (Form 1 – Form 58)

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