BNSS KVRRLC

IMPORTANT QUESTIONS IN BNSS:
1. Bailable and Non-Bailable Offences under BNSS 2023:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 categorizes
offences into two main types: bailable and non-bailable. This
classification determines whether a person accused of a crime can be
released on bail or needs to remain in custody until the case is resolved.
Below is a detailed explanation of both types of offences:
Bailable Offences:
Definition: According to Section 2(1)(c) of the BNSS 2023, a
"bailable offence" is an offence that is shown as bailable in the First
Schedule of the BNSS or is made bailable by any other law in force.
Characteristics:
These offences are considered less serious in nature. As a general
rule, bailable offences are those punishable with imprisonment for less
than three years or with a fine only. In the case of a bailable offence, the
grant of bail is a matter of right for the accused. Bail can be granted by a
police officer who has custody of the accused or by the court.
Any Magistrate is empowered to try cases of bailable offences.
The accused may be released on bail by executing a bond, known as a
"bail bond," with or without furnishing sureties.
Non-Bailable Offences:
Definition: A "non-bailable offence" is any offence that is not classified
as bailable in the First Schedule of the BNSS or is not made bailable by
any other law in force.
Characteristics:
Prepared by Eda.Chandra Sekhar. Roll No: 1723-22-831-131. Page 1

These offences are considered more serious in nature.
The quantum of punishment for non-bailable offences is typically
higher, often involving imprisonment for more than three years, life
imprisonment, or even death.
In the case of a non-bailable offence, bail cannot be claimed as a
right. The court or the police officer has the discretion to grant bail after
considering the facts and circumstances of each case.
Only a court of law has the authority to issue bail. Anticipatory
bail under BNSS can be granted by the Court of Session or by the High
Court.
The court may require the accused to execute a "bail bond" with
stringent conditions.
Examples:
Bailable Offences: Being a member of an unlawful assembly, rioting,
bribery, and simple hurt are examples of bailable offences under the
BNSS 2023.
Non-Bailable Offences: Murder, attempt to murder, dowry death,
voluntary causing grievous hurt, and kidnapping are examples of non-
bailable offences under the BNSS 2023.

Distinguishing Between Bailable and Non-Bailable Offences:
SNo. Bailable Non-Bailable

Offences punishable with Offences punishable with
imprisonment for less than three imprisonment for more than
1
years or with a fine only. three years, life imprisonment,
or death
Bail is not a matter of right
Bail is a matter of right for the
2 and is granted at the discretion
accused
of the court
Bail can be granted by a police Bail can only be granted by the
3
officer or the court. court
Typically tried by higher
courts due to the seriousness
Any Magistrate can try the case.
of the offence.
Anticipatory Bail:
Provision: Section 482 of the BNSS 2023 allows for anticipatory bail in
cases of non-bailable offences. This provision empowers the Court of
Session and the High Court to direct that a person shall be released on
bail in the event of their arrest.
Factors for Granting Anticipatory Bail: The court considers factors
such as the nature of the offence, the likelihood of the accused tampering
with evidence, and the potential for intimidation of witnesses.
Conclusion:
The BNSS 2023 provides a clear distinction between bailable and
non-bailable offences, with specific provisions for the grant of bail in
each case. Bailable offences are less serious and allow for bail as a
matter of right, while non-bailable offences are more serious and require
the court's discretion for bail. The provisions aim to balance the need for
justice with the protection of individual liberties.
2. Cognizable and Non-Cognizable Offences under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which
replaces the Code of Criminal Procedure (CrPC) 1973, classifies
offences into cognizable and non-cognizable categories. This
classification determines the procedures for arrest, investigation, and
prosecution. Here is a detailed overview of both types of offences:
Cognizable Offences:
Definition: According to Section 2(g) of the BNSS 2023, a cognizable
offence is one for which a police officer has the authority to make an
arrest without a warrant and commence an investigation with or without
the permission of a court.
Characteristics:
Immediate Arrest: Police can arrest the accused without a warrant.
Serious Nature: These offences are typically more severe and pose a
direct threat to public safety and societal order.
Police Investigation: Law enforcement can initiate an investigation
without the directive of a magistrate.
Legal Proceedings: The case progresses rapidly through the criminal
justice system to ensure swift justice.
Examples: Murder, rape, kidnapping, theft, robbery, and other serious
crimes that pose a significant threat to society.
Non-Cognizable Offences:

Definition: As defined in Section 2(o) of the BNSS 2023, non-
cognizable offences are those for which a police officer cannot arrest
without the prior approval of a court.
Characteristics:
Warrant Required for Arrest: Police must obtain a warrant from a
magistrate to make an arrest.
Lesser Severity: These offences are significant but do not generally
pose an immediate threat to public safety.
Court Permission for Investigation: Police require explicit permission
from a magistrate to begin an investigation.
Judicial Oversight: Ensures that the rights of the accused are protected
during the legal process.
Examples: Forgery, cheating, assault, defamation, and other similar
crimes that, while serious, do not generally pose an immediate threat to
community safety.
Specific Provisions:
Section 174 BNSS: When information is given to an officer in charge
of a police station of the commission of a non-cognizable offence, the
officer must enter the substance of the information in a book and refer
the informant to the Magistrate. The officer must also forward the daily
diary report of all such cases fortnightly to the Magistrate.
Investigation of Non-Cognizable Cases: No police officer shall
investigate a non-cognizable case without the order of a Magistrate
having power to try such case or commit the case for trial.
Examples of Specific Offences:

Cognizable Offence: Section 207 of BNSS 2023 states that non-
appearance in response to a proclamation under Section 82 is a
cognizable offence punishable with imprisonment for up to three years,
or with a fine, or with both.
Non-Cognizable Offence: Section 208 of BNSS 2023 states that
omission to produce a document to a public servant by a person legally
bound to produce it is a non-cognizable offence punishable with simple
imprisonment for up to one month, or a fine of up to 5,000 rupees, or
both.
Conclusion:
The BNSS 2023 provides a clear distinction between cognizable and
non-cognizable offences, with specific procedures for each category.
Cognizable offences are more severe and allow for immediate police
action, while non-cognizable offences require judicial oversight and are
generally less severe. This classification ensures that the criminal justice
system can respond appropriately to different levels of criminal activity
while protecting the rights of individuals.
3. Salient Features of BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a significant overhaul

of India's criminal justice system, replacing the Code of Criminal Procedure, 1973
(CrPC). Here are its salient features:
New Framework:
Sections: BNSS introduces 531 sections, surpassing CrPC’s 484 sections.
Amendments and Additions: 107 sections amended, 9 new sections incorporated,

and 9 sections deleted.
Detention of Undertrials:

BNSS excludes the CrPC provision for release on personal bond if half of the
maximum imprisonment period is served, for offences punishable by life
imprisonment and individuals facing multiple offences.
Medical Examination:
BNSS allows any police officer to request medical examination, unlike CrPC
which restricts it to a sub-inspector’s request.
Forensic Investigation
BNSS mandates forensic investigation for offences with at least seven years of
imprisonment. Forensic experts will collect evidence at crime scenes, documenting
the process electronically. States without facilities can utilize those in other states.
Signatures and Finger Impressions:
BNSS expands the Magistrate’s power to order specimen signatures, handwriting,

finger impressions, and voice samples, applicable even if the person is not arrested.
Timelines for Procedures:
BNSS establishes timelines for various procedures, including rape victim

examination reports within seven days, delivering judgments within 30 days
(extendable to 60 days), informing victims of investigation progress within 90
days, and framing charges by a sessions court within 60 days from the first
hearing.
Hierarchy of Courts:
BNSS retains the hierarchy of courts but omits the provision allowing state
governments to designate metropolitan areas with a population of over one million,
which had Metropolitan Magistrates. It also omits the concept of the Assistant
Session Judge.
Trial in Absentia:
BNSS allows trials in absentia for cases where the accused has absconded from
India or cannot be procured.
e-Filing of FIR:
BNSS facilitates the electronic filing of FIRs, streamlining the initiation of legal
proceedings.
Time-Bound Investigation and Judgment:
Emphasis on time-bound processes, from filing FIR to delivering judgments,

reducing delays in the justice system.
Trial on Video Conference:
Video conferencing was introduced for legal proceedings, enhancing accessibility

and efficiency.
Police Custody:
BNSS introduces changes in the criteria and regulations for police custody,
addressing concerns and ensuring fairness.
Video Recording of Search and Seizure:
Police actions, such as search and seizure, are to be video-recorded for

transparency and accountability.
Electronic Recording of Depositions:
Depositions of accused and witnesses are recorded electronically, ensuring

accurate documentation.
Service of Process in Electronic Form:
Legal notifications and processes to be served electronically, aligning with modern

practices.
e-FIR (to be signed within three days):
Introduction of Electronic FIRs signed promptly within three days for efficient
record-keeping.
Sanction of Government for Trial:
Government sanction is required for the trial to be given within 120 days,
streamlining administrative processes.

Magistrate’s Authority for Samples
The magistrate was empowered to order the collection of handwriting, fingerprints,

etc., for investigative purposes.
Victim or Informant Notification:
Police are mandated to inform the victim or informant about the case’s progress.
Summary Trial Scope Expansion:
Increase the scope of summary trials to offences punishable with imprisonment up

to 3 years, reducing the workload of session courts.
Zero FIR – Specific Provision:
Implementation of a specific provision for “Zero FIR,” allowing FIR lodgement in

any police station, with a duty to transfer it to the relevant station within 15 days.
Use of Handcuffs:
Authorization for police officers to use handcuffs in specific cases, including

habitual offenders, escapees, organized crimes, murder, rape, human trafficking,
offences against children, and offences against the state.
4. BAIL:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, bail is classified
into several types, each serving a distinct purpose within the framework of criminal
proceedings. Here are the main types of bail under BNSS 2023:
1. Regular Bail:
Definition: Regular bail is granted to a person who has already been arrested and
is in custody.
Legal Basis: Section 478 and 480 of the BNSS.
Purpose: To release the accused from custody while ensuring their presence
during the trial or investigation.

Conditions: Courts may impose conditions such as furnishing a bail bond or
surety, restrictions on travel, and cooperation in the investigation.
Jurisdiction: Magistrate Court, Sessions Court, or High Court, depending on the

gravity of the offense.
Timing: Sought after the arrest.
2. Anticipatory Bail:
Definition: Anticipatory bail is a pre-arrest legal remedy sought by a person who

apprehends arrest on accusation of having committed a non-bailable offense.
Legal Basis: Section 482 of the BNSS.
Purpose: To prevent undue harassment or detention before arrest.
Conditions: The court granting anticipatory bail may impose conditions such as
regular appearance before the investigating officer, non-interference in the
investigation, and surrender of the passport.
Jurisdiction: Can be granted by Sessions Court or High Court.
Timing: Must be sought before arrest.
Key Changes: BNSS expands the prohibition on anticipatory bail to include gang
rape involving women under 18 years of age.
3. Interim Bail:
Definition: Interim bail is a temporary measure granted before the hearing or final
disposition of a regular or anticipatory bail application.
Legal Basis: Not explicitly mentioned in the BNSS but is granted under the
inherent powers of the judiciary.
Purpose: To provide immediate and temporary relief to the accused, preventing

detention until the final decision on the bail application.
Conditions: Courts may impose conditions to ensure that the accused does not
misuse the temporary relief.

Jurisdiction: Any court empowered to decide on the main bail application.
Timing: Before the final bail hearing.
4. Default Bail:
Definition: Default bail is granted when the accused can demonstrate that the
required 60 or 90 days have passed since their arrest without any chargesheet or
complaint being filed.
Legal Basis: Section 479 of the BNSS.
Purpose: To ensure that the accused is not unduly detained without proper legal
proceedings.
Conditions: The accused must demonstrate that the required time has passed
without any legal action.
Jurisdiction: Magistrate Court or Sessions Court.
Timing: After the specified period has elapsed without any chargesheet or
complaint being filed.
5. Medical Bail:
Definition: Medical bail is granted to individuals based solely on medical grounds.
Legal Basis: Not explicitly mentioned in the BNSS but can be granted under the
inherent powers of the judiciary or specific provisions for medical conditions.
Purpose: To ensure that individuals with serious medical conditions receive

necessary medical treatment.
Conditions: The accused must provide medical evidence supporting the need for
bail.
Jurisdiction: Any court empowered to decide on bail applications.
Timing: Can be sought at any point during custody if medical conditions warrant.
Key Changes and Provisions:

Undertrial Prisoners: The BNSS allows for the early release of first offenders on
bond if they have undergone detention for up to one-third of the maximum period
of imprisonment for the offense. The Superintendent of jail is responsible for
making an application to the court when the accused has served one-third of the
maximum period.
Police Custody: The BNSS clarifies that the accused can get bail from the court
even if they are required to be identified by witnesses during the investigation or
after the first fifteen days of police custody.
These provisions aim to balance the rights of the accused with the interests of
justice, ensuring that the bail system functions efficiently and fairly.
5. PROBATION:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, probation is

addressed in Section 401. Here are the key aspects of probation under BNSS 2023:
Section 401: Order to Release on Probation of Good Conduct or After Admonition
Eligibility for Probation:
Age: Any person under twenty-one years of age.
Offense: Convicted of an offense punishable with fine only or imprisonment for a

term of seven years or less.
No Previous Conviction: The offender must not have any previous convictions.
Women: Any woman convicted of an offense not punishable with death or

imprisonment for life.
Court's Discretion:
The court has the discretion to release the offender on probation if it deems it
expedient, considering:
a. The age, character, or antecedents of the offender.

b. The circumstances in which the offense was committed.
Conditions for Release:

a. The offender must enter into a bond, with or without sureties, to:
b. Appear and receive sentence when called upon.
c. Maintain good behavior and keep the peace during the probation period (not
exceeding three years).
Specific Cases:
First Offenders: If a first offender is convicted by a Magistrate of the second class

not specially empowered by the High Court, the Magistrate can record their
opinion and submit the proceedings to a Magistrate of the first class.
Offenses with Fine or Imprisonment: For offenses punishable with fine only or
imprisonment up to two years, the court may release the offender after due
admonition, considering the offender's age, character, antecedents, or physical or
mental condition.
Appellate and Revisional Powers:
The High Court, Appellate Court, or Court of Session can alter or set aside the
order of probation during an appeal or revision.
Violation of Probation:
If the offender violates the terms of probation, the court can issue a warrant for
their apprehension and pass an appropriate sentence.
Additional Provisions:
Sureties: The court may require sureties to ensure the offender's compliance.
Re-arrest: If the offender fails to observe the conditions of the bond, the court can
issue a warrant for their arrest.
Interaction with Other Laws:
Section 401 does not 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 treatment, training, or rehabilitation of youthful offenders.

These provisions aim to provide a balanced approach to criminal justice,
focusing on rehabilitation and reintegration of offenders into society, especially for
first-time offenders and those convicted of less severe offenses.
6. JUVENILE JUSTICE:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has introduced several
significant changes and enhancements to the juvenile justice system in India. Here
are the key provisions and features related to juvenile justice under BNSS 2023:
Key Provisions of Juvenile Justice Under BNSS 2023:
Clear Definition of a Child:
Section 2(3): A child is defined as any person under the age of 18 years.
This clear definition removes ambiguities and ensures consistency across judicial
and administrative interpretations.
Age of Criminal Responsibility:
The BNSS retains the age of criminal responsibility at seven years, aligning
with earlier statutes. Children below this age are presumed incapable of
committing an offense due to their lack of understanding of the consequences of
their actions.
Assessing Culpability for Heinous Crimes:
For juveniles aged 16–18 accused of heinous crimes, BNSS 2023 provides
for a rigorous assessment to determine their understanding of the crime’s nature
and intent. This aligns with the Juvenile Justice (Care and Protection of Children)
Act, 2015, but offers clearer guidelines.
Enhanced Penalties for Offenses Against Children:
BNSS 2023 introduces stringent penalties for crimes involving the

exploitation, abuse, or endangerment of children. This includes abandonment,
concealment, trafficking, and sexual offenses against minors.
Integration with the Juvenile Justice Act:

BNSS 2023 reinforces the existing Juvenile Justice Act by emphasizing
rehabilitation over incarceration. It underscores the importance of placement in
rehabilitation homes rather than prisons, ensuring that minors receive education,
counseling, and skill development.
Protection Against Exploitation in Digital Spaces:
BNSS 2023 addresses online exploitation, including cyberbullying,

harassment, child pornography, and online grooming. Specific penalties have been
outlined for these offenses to protect children in the digital age.
Speedy Trials and Child-Friendly Procedures:
BNSS 2023 introduces measures to ensure time-bound proceedings and

child-friendly court environments. This includes informal seating, non-intimidating
questioning, and the presence of support persons.
Safeguards against Institutional Abuse:
BNSS 2023 mandates regular inspections of juvenile homes, establishes

anonymous grievance mechanisms, and enhances penalties for institutional staff
found guilty of negligence or abuse.
Gender-Sensitive Provisions:
BNSS 2023 adopts a gender-sensitive approach, ensuring separate

rehabilitation and care facilities for girls, focusing on education and empowerment,
and preventing gender-based violence.
Public Awareness and Community Involvement:
BNSS 2023 highlights the importance of public awareness and community

participation in preventing juvenile delinquency through community-based
programs, education campaigns, and support networks for families.
Interaction with Other Laws:
Probation of Offenders Act, 1958: BNSS 2023 complements the Probation of

Offenders Act, 1958, which focuses on rehabilitating first-time and juvenile
offenders through probation rather than incarceration.

Juvenile Justice (Care and Protection of Children) Act, 2015: BNSS 2023 aligns
with and reinforces the principles of the Juvenile Justice Act, emphasizing
rehabilitation and the best interests of the child.
These provisions aim to modernize the juvenile justice system, ensuring that it
is more aligned with contemporary societal needs and international standards,
while focusing on rehabilitation and the protection of minors.
7. REVISION:
Revision Under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces significant

changes to the revision process in the criminal justice system. Here are the key
provisions and features related to revision under BNSS 2023:
Key Provisions
Scope of Revision:
Section 397: The BNSS 2023 retains the provision for revision by higher courts.
Any High Court or Court of Session can call for and examine the record of any
case decided by a subordinate court.
Purpose: The revision power is exercised to ensure that justice is done and to
correct any manifest errors or miscarriages of justice.
Grounds for Revision:
The revision can be initiated on several grounds, including:
Errors apparent on the face of the record.
Non-compliance with the provisions of BNSS.
Any other sufficient reason that the higher court deems fit.
Procedure for Revision:
Initiation: The revision can be initiated either by the aggrieved party or suo motu
by the higher court.

Examination of Records: The higher court examines the records and proceedings
of the case.
Order: The higher court can pass appropriate orders, including setting aside the
order of the subordinate court, remanding the case for a fresh decision, or
modifying the sentence.
Time Limit:
The BNSS 2023 does not specify a strict time limit for filing a revision
application. However, it emphasizes the need for prompt disposal of revision
petitions to ensure timely justice.
Interaction with Other Provisions:
The revision provisions under BNSS 2023 are designed to work in

conjunction with other provisions related to appeals and revisions. This ensures a
comprehensive mechanism for addressing grievances and ensuring justice.
Objectives of Revision Provisions:
Ensuring Justice: The primary objective is to ensure that justice is done and that
no miscarriage of justice occurs due to errors or oversights in the lower courts.
Maintaining Integrity: Revision powers help maintain the integrity of the judicial
process by allowing higher courts to correct errors and ensure compliance with
legal procedures.
Efficiency: By allowing higher courts to review and correct errors, the revision
process contributes to the overall efficiency and credibility of the criminal justice
system.
These provisions under BNSS 2023 aim to modernize and streamline the
revision process, ensuring that the criminal justice system remains robust and
responsive to the needs of the public.

8. ARREST:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the
Code of Criminal Procedure (CrPC) 1973, outlines specific procedures for arrests
in India. Here are the key aspects of arrests under BNSS 2023:
Types of Arrests:
Arrest with a Warrant:
Issuance and Validity: An arrest warrant must be in writing, signed by the

presiding officer of the court, and bear the court's seal. It remains valid until it is
either executed or canceled by the issuing court.
Persons Authorized to Execute: The warrant can be executed by a police officer

or any other person authorized by the court. In some cases, the Chief Judicial
Magistrate of the First Class can direct the warrant to any person to apprehend an
escaped convict or a person accused of a non-bailable offense.
Notification of Arrest: The executing officer must inform the individual being
arrested of the reason for the arrest and, if required, present the warrant.
Arrest without a Warrant:
Cognizable Offenses: A police officer can arrest a person without a warrant if

they witness the person committing a cognizable offense (punishable with
imprisonment of at least seven years) or have reasonable suspicion that the person
has committed such an offense.
Reasonable Suspicion: The officer can also arrest if they have reasonable
suspicion based on a complaint, credible information, or other reasonable grounds.
Rights of the Arrested Person:
Information: The arrested person must be informed of the offense they are
accused of and the reason for their arrest.
Medical Examination: The person must be examined by a medical officer to

record any injuries or illnesses.
Legal Assistance: The person has the right to meet with a lawyer of their choice.
Bail: In some cases, the arrested person may be eligible for bail.
Production Before Magistrate
Prompt Production: The arrested person must be produced before a magistrate

within 24 hours of arrest.
Custodial Interrogation: The magistrate may authorize police custody for further
investigation.
Special Provisions:
Arrest of Women and Vulnerable Groups: Women cannot be arrested after

sunset or before sunrise except in exceptional circumstances, with prior approval
from a magistrate. Female police officers must carry out the arrest of women.
Children and individuals with mental or physical disabilities require additional
safeguards.
Arrest by Private Person: Section 40 of BNSS allows a private person to

arrest or cause to be arrested any person who commits a non-bailable and
cognizable offense in their presence. The arrested person must be handed over to a
police officer or taken to the nearest police station within six hours.
Case Laws:
DK Basu v. State of West Bengal (1997): Established procedural safeguards

to protect individuals from arbitrary arrests and custodial violence, including
informing the person of the grounds for arrest, providing the right to legal
representation, and conducting a medical examination within 24 hours.
Arnesh Kumar v. State of Bihar (2014): Prevented the misuse of arrest

powers, particularly for offenses punishable with imprisonment of up to seven
years. The court emphasized that arrests should not be routine and that police
officers must record written reasons for making an arrest.
These provisions aim to balance the rights of individuals with the need for
maintaining public order and ensuring the proper administration of justice.

9. Rights of arrested person under BNSS 2023:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the rights of an
arrested person are designed to protect their fundamental rights and ensure a fair
and just process. Here are the key rights of an arrested person under BNSS 2023:
1. Right to be Informed of the Grounds of Arrest:
The arrested person must be informed of the specific reasons for their arrest.
The police officer making the arrest must provide details of the offense for which
the arrest is being made.
2. Right to be Taken Before a Magistrate Without Delay:
The arrested person must be produced before the nearest magistrate within 24
hours of the arrest, excluding the time required for the journey from the place of
arrest to the court.
This right is derived from Article 22(2) of the Constitution of India and is also
enshrined in Section 58 of BNSS.
3. Right to be Released on Bail:
If the offense is bailable, the arrested person has the right to be released on bail
upon furnishing the required security.
For non-bailable offenses, the court has the discretion to grant bail based on the
circumstances of the case.
4. Right to Legal Representation:
The arrested person has the right to consult and be represented by a lawyer of their
choice.
5. Right to Medical Examination:
The arrested person must be examined by a medical officer to record any injuries
or illnesses.
6. Right to Inform a Relative or Friend:

The police officer making the arrest must inform the arrested person of their right
to notify a relative, friend, or any other person named by them about the arrest.
7. Right to a Fair Trial:
Although BNSS does not explicitly provide for a fair trial, the right to a fair and
unbiased trial is implicit under Article 14 of the Constitution of India, which
ensures equality before the law.
8. Protection for Women and Vulnerable Groups:
Women cannot be arrested after sunset or before sunrise except in exceptional

circumstances, with prior approval from a magistrate.
Female police officers must carry out the arrest of women:
Children and individuals with mental or physical disabilities are provided with
additional safeguards.
These rights aim to balance the need for maintaining public order with the
protection of individual liberties, ensuring that the arrested person is treated fairly
and humanely throughout the arrest and detention process.
10. PLEA BARGAINING:
Plea Bargaining under BNSS 2023:
Plea bargaining is a legal mechanism where the accused agrees to plead

guilty in exchange for a reduced sentence or a lesser charge. This concept was
introduced in India through the Criminal Law (Amendment) Act, 2005, and is
retained in the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 with some
modifications.
Key Provisions of Plea Bargaining under BNSS 2023:
Applicability:
Eligible Offenses: Plea bargaining is applicable to offenses punishable with

imprisonment for up to 7 years.

Ineligible Offenses: It does not apply to offenses punishable with death, life
imprisonment, or imprisonment exceeding 7 years. Additionally, it is not
applicable in cases where the victim is a woman or a child below 14 years of age,
or offenses that affect the socio-economic conditions of the country.
Application Process:
Voluntary Application: The accused must voluntarily apply for plea bargaining
within 30 days from the date of charge framing.
Affidavit Requirements: The application must be supported by an affidavit

stating that the accused is presenting the application voluntarily, understands the
nature of the sentence, and has not been previously convicted for the same offense.
Court Procedure:
Notice and Appearance: Upon receiving the application, the court issues notice to
the public prosecutor, the accused, and the victim to appear on a fixed date.
Voluntariness Check: The court examines the accused in camera to ensure that
the application is voluntary and that the accused is eligible.
Mutually Satisfactory Disposition: If the court is satisfied, it provides time for

the parties to work out a mutually satisfactory disposition, which may include
compensation to the victim.
Disposition and Sentencing:
Compensation and Sentencing: If a satisfactory disposition is reached, the court

awards compensation to the victim and may sentence the accused to half of the
minimum punishment or one-fourth of the punishment if no minimum is specified.
Probation or Admonition: The court may also release the accused on probation
of good conduct or after admonition.
Limitations and Considerations:
First-Time Offenders: BNSS provides relaxation for first-time offenders,

allowing sentences as low as one-fourth or one-sixth of the minimum punishment.

Time Limit: The 30-day limit for filing a plea bargaining application can impact
the effectiveness of this mechanism by limiting the opportunity for seeking a
reduced sentence.
Conclusion:
Plea bargaining under BNSS 2023 aims to provide a mechanism for reducing
the burden on the criminal justice system by encouraging accused persons to plead
guilty in exchange for reduced sentences. However, it is subject to strict eligibility
criteria and procedural safeguards to ensure fairness and prevent misuse.
11. INHERIT POWERS OF COURTS:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the powers of
courts are structured to ensure a systematic administration of justice. Here are the
key provisions regarding the powers of courts under BNSS 2023:
Hierarchy and Classification of Criminal Courts:
According to Section 6 of BNSS 2023, criminal courts in India are classified

into the following categories:
a. Courts of Session
b. Judicial Magistrates of the First Class
c. Judicial Magistrates of the Second Class
d. Executive Magistrates
Lower-Level Criminal Courts:
Courts of Judicial Magistrates:
Under Section 9 of BNSS 2023, Courts of Judicial Magistrates are

established in every district. The State Government, in consultation with the High
Court, determines their number and location. These courts are further divided into:
Judicial Magistrates of the First Class: Handle criminal cases involving

severe punishments but lower than those handled by Sessions Courts. They can
impose fines up to ₹10,000 and imprisonment for a term not exceeding three years.

Judicial Magistrates of the Second Class: Handle less severe cases, with the
power to impose imprisonment up to one year or fines not exceeding ₹5,000.
Chief Judicial Magistrate:
As per Section 10 of BNSS 2023, the High Court appoints a Chief Judicial
Magistrate (CJM) in every district. Additional Chief Judicial Magistrates may also
be appointed to assist the CJM.
Powers of the CJM:
Supervises and controls the work of Judicial Magistrates in the district.
Can try cases involving imprisonment of up to seven years.
May be designated to oversee sub-divisions within the district.
Special Judicial Magistrates:
Under Section 11 of BNSS 2023, the High Court can confer powers of
Judicial Magistrates on individuals who hold or have held government posts,
provided they meet the required qualifications. These magistrates, known as
Special Judicial Magistrates, are appointed for specific terms, typically not
exceeding one year.
Powers of Special Judicial Magistrates:
Handle particular cases or classes of cases as directed by the High Court.
Jurisdiction is limited to the local area specified in their appointment.
Subordination of Judicial Magistrates
According to Section 13 of BNSS 2023, all Judicial Magistrates are

subordinate to the Chief Judicial Magistrate, who, in turn, is subordinate to the
Sessions Judge. The CJM has the authority to distribute work among subordinate
magistrates.
Summary:
The BNSS 2023 establishes a clear hierarchy and classification of criminal courts,
each with specific powers and responsibilities. This structure ensures that cases are
handled efficiently and appropriately based on their severity and complexity. The
Chief Judicial Magistrate plays a crucial role in supervising and controlling the
work of subordinate magistrates, while Special Judicial Magistrates are appointed
for specific cases or classes of cases to ensure specialized handling.
12. WITNESS PROTECTION SCHEME:
Witness Protection Scheme under BNSS 2023
Overview:
Section 398 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

mandates that every State Government prepare and notify a Witness Protection
Scheme (WPS) to ensure the safety and security of witnesses involved in legal
proceedings. This provision represents a significant advancement in witness
protection, making it a legal right rather than a privilege.
Key Provisions of the Witness Protection Scheme:
Legal Recognition:
The scheme formally incorporates witness protection into statutory law,

ensuring that witnesses and their family members are protected.
Mandatory Protection:
Witness protection is now a right, not a privilege. This ensures that

witnesses can testify without fear of harm or intimidation.
Comprehensive Coverage:
Protection extends to family members of the witness, ensuring that they are
also safeguarded from potential threats.
Implementation Framework:
The scheme establishes clear procedures for implementing protection

measures. This includes:
Relocation: Witnesses may be relocated to secure locations.
Identity Change: Witnesses may be provided with new identities.

Security Measures: Installation of security equipment at witnesses' residences.
Resource Allocation:
The scheme mandates the creation of witness protection funds to support the
implementation of protection measures.
Categorization of Witnesses:
The Witness Protection Scheme categorizes witnesses based on the level of

threat they face:
Category A: High-threat cases involving life risk to the witness or their family
members.
Category B: Threats to safety, reputation, or property.
Category C: Moderate threats involving harassment or intimidation.
Challenges in Implementation:
Despite the legal framework, implementing the Witness Protection Scheme

faces several challenges:
a. Resource Constraints.
b. Financial limitations in state budgets.
c. Infrastructure inadequacies.
d. Personnel shortage in protection units.
e. Operational Challenges:
f. Coordination between different agencies.
g. Maintaining confidentiality in the digital age.
h. Balancing protection with witness rights.
Social Aspects:
a. Impact on witness families.
b. Professional disruption.
c. Community integration issues.
Conclusion:

The introduction of Section 398 in BNSS 2023 marks a significant step
forward in strengthening the criminal justice system by ensuring the safety of
witnesses. However, successful implementation requires continued commitment
from all stakeholders, adequate resource allocation, and regular updates to address
emerging challenges.
13. CARA in Juvenile justice:
Definition of CARA:
CARA stands for the Child Adoption and Related Procedures. It is a set of
guidelines and regulations that govern the process of adoption in India. CARA is
administered by the Ministry of Women and Child Development and is aimed at
ensuring the welfare and protection of children who are in need of care and
protection.
Juvenile Justice System in India:
The Juvenile Justice System in India is governed by the Juvenile Justice (Care and
Protection of Children) Act, 2015. This act provides a comprehensive framework
for the care, protection, and rehabilitation of children in conflict with the law and
those in need of care and protection.
Key Provisions of the Juvenile Justice Act, 2015:
Definition of Child and Juvenile:
A child is defined as an individual under the age of 18 years.
A juvenile is a child who is accused of committing an offense.
Rehabilitation Over Punishment:
The system prioritizes rehabilitation and reintegration of juvenile offenders

into society.
Special homes and observation homes are established for the care and
rehabilitation of children.
Juvenile Justice Boards:

Each district has a Juvenile Justice Board that handles cases involving
children in conflict with the law.
The board has the authority to decide on various outcomes for juvenile
offenders, including probation, community service, or placement in special homes.
Handling of Juvenile Offenders:
Juveniles aged 16 to 18 can be tried as adults for heinous crimes, but this is
subject to an assessment.
The system emphasizes the involvement of families and communities in the

rehabilitation process.
Adoption and Foster Care:
The 2021 amendment to the Juvenile Justice Act introduced provisions for
foster care and adoption of children in need of care and protection.
CARA plays a crucial role in regulating these processes to ensure the

welfare of children.
Challenges and Ongoing Reforms:
Resource Constraints: Limited resources and inadequate infrastructure pose

challenges in implementing the Juvenile Justice Act.
Expert Involvement: There is a need for more expert involvement in decision-

making processes to ensure effective rehabilitation.
Rights Protection: Ensuring the protection of rights during legal procedures and
in custody remains a concern.
The Juvenile Justice System in India continues to evolve, with ongoing

scrutiny and amendments aimed at aligning with international standards and
addressing the changing needs of children.
14. PAROLE:
Definition of Parole:

Parole is a conditional release of a prisoner who has served a significant
portion of their sentence. It allows the prisoner to leave prison temporarily or
permanently before the end of their sentence, provided they adhere to certain
conditions. The term "parole" is derived from the French phrase "je donne ma
parole," which means "I give my word." The primary objective of parole is to
promote the rehabilitation and reintegration of prisoners into society.
Objectives of Parole:
Rehabilitation: Parole aims to help prisoners reintegrate into society and lead
a normal life.
Humanitarian Considerations: It provides relief in cases of serious illness,

family emergencies, or other humanitarian grounds.
Reduction of Overcrowding: Parole helps reduce overcrowding in prisons,

making it easier for prison officials to manage fewer inmates.
Grounds for Parole:
Parole is typically granted for the following reasons:
Serious illness of a close family member.
a. Death of a family member.

b. Accidents involving family members.
c. Marriage of a family member.
d. Birth of a child to the prisoner's wife.
e. Serious damage to life or property due to natural calamities.
Eligibility Criteria:
The prisoner must have served at least one-third of their sentence for terms
exceeding eighteen months.
The prisoner must have demonstrated good behavior while in prison.
The prisoner must not have violated any conditions of previous parole.
Procedure for Granting Parole:

Application: The prisoner submits an application for parole to the prison
authorities.
Evaluation: The parole board evaluates the prisoner's case, considering factors
such as behavior in prison, nature of the offense, and potential risk to society.
Decision: The parole board decides whether to grant parole, often in consultation
with the state government.
Conditions: If parole is granted, the prisoner must adhere to conditions such as

regular reporting to a parole officer, not leaving a specified territory, and refraining
from criminal activities.
Types of Parole:
Regular Parole: Granted for reasons such as illness, family emergencies, or other
humanitarian grounds.
Emergency Parole: Granted in cases of death or serious illness of a family

member.
Legal Framework:
Central Legislation: There is no unified central legislation governing parole in

India. Each state has its own set of guidelines and prison manuals.
State-Specific Guidelines: For example, the Delhi Prisons Act, 2000, defines
parole and outlines the conditions for its grant.
Case Law:
Ashfaq v. State of Rajasthan (2017): The Supreme Court defined parole as a

conditional release of prisoners based on good behavior, emphasizing that it is a
suspension of the sentence for a period of time.
Natia Jiria v. State of Gujarat (1984): The Gujarat High Court observed that
parole should be granted based on well-defined norms and cannot be denied
arbitrarily.
Challenges and Considerations:

Recidivism: There is a risk that some parolees may reoffend, posing a threat to
society.
Supervision: Effective supervision of parolees is crucial but can be challenging

due to resource constraints.
In summary, parole is an essential component of the Indian criminal justice

system, aimed at promoting rehabilitation and reducing prison overcrowding.
While the specific laws and procedures vary by state, the overarching principles of
parole remain consistent across India.
15. Constitution of Criminal Courts in BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaces the
earlier Code of Criminal Procedure, 1973 (CrPC), provides a comprehensive
framework for the constitution and powers of criminal courts in India. Here is a
detailed overview based on the latest legal framework:
According to Section 6 of BNSS 2023, criminal courts in India are classified into
the following categories:
Courts of Session:
a. Judicial Magistrates of the First Class

b. Judicial Magistrates of the Second Class
c. Executive Magistrates
These courts function at various levels, from the district to the state and national
levels, with clearly defined jurisdictions and responsibilities.
Lower-Level Criminal Courts:
Courts of Judicial Magistrates:
Under Section 9 of BNSS 2023, Courts of Judicial Magistrates are

established in every district. The State Government, in consultation with the High
Court, determines their number and location. These courts are further divided into:
Powers of the CJM:
Supervises and controls the work of Judicial Magistrates in the district.

Can try cases involving imprisonment of up to seven years.
May be designated to oversee sub-divisions within the district.
Special Judicial Magistrates
Under Section 11 of BNSS 2023, the High Court can confer powers of Judicial
Magistrates on individuals who hold or have held government posts, provided they
meet the required qualifications. These magistrates, known as Special Judicial
Magistrates, are appointed for specific terms, typically not exceeding one year.
a. Handle particular cases or classes of cases as directed by the High Court.

b. Jurisdiction is limited to the local area specified in their appointment.
Subordination of Judicial Magistrates:

magistrates.
Conclusion:

The constitution of criminal courts under BNSS 2023 provides a clear and
structured framework for the administration of justice in India. This framework
ensures that cases are handled efficiently and appropriately based on their severity
and complexity. The Chief Judicial Magistrate plays a crucial role in supervising
and controlling the work of subordinate magistrates, while Special Judicial
Magistrates are appointed for specific cases or classes of cases to ensure
specialized handling.
16. Powers of Courts under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides a

comprehensive framework for the powers and jurisdiction of criminal courts in
India. Here is a detailed overview based on the latest legal framework:
According to Section 6 of BNSS 2023, criminal courts in India are classified

into the following categories:
a. Courts of Session
b. Judicial Magistrates of the First Class
c. Judicial Magistrates of the Second Class
d. Executive Magistrates
These courts function at various levels, from the district to the state and national
levels, with clearly defined jurisdictions and responsibilities.
Powers of Courts:
Section 21 of BNSS 2023 outlines the courts by which offenses are triable:
High Court: Has the power to try serious offenses.
Court of Session: Handles cases involving severe punishments.
Other Courts: As specified in the First Schedule of BNSS 2023.
Specific Provisions:

Offenses under Bharatiya Nyaya Sanhita (BNS) 2023: Certain offenses
under Sections 64 to 71 of BNS 2023 shall be tried, as far as practicable, by a court
presided over by a woman.
Special Courts: Special courts may be established for handling specific cases
or classes of cases. The presiding officers of these courts are appointed by the High
Court, which also has the authority to confer judicial powers on civil court judges
if deemed necessary.
Powers of Judicial Magistrates:

Powers of the CJM:
a. Supervises and controls the work of Judicial Magistrates in the district.

b. Can try cases involving imprisonment of up to seven years.
c. May be designated to oversee sub-divisions within the district.
Special Judicial Magistrates:
Under Section 11 of BNSS 2023, the High Court can confer powers of
Judicial Magistrates on individuals who hold or have held government posts,
provided they meet the required qualifications. These magistrates, known as
Special Judicial Magistrates, are appointed for specific terms, typically not
exceeding one year.

a. Handle particular cases or classes of cases as directed by the High Court.
b. Jurisdiction is limited to the local area specified in their appointment.
Subordination of Judicial Magistrates:

magistrates.
Conclusion:
The powers of courts under BNSS 2023 are designed to ensure a systematic
and efficient administration of justice. The framework provides clear guidelines for
the jurisdiction and responsibilities of each court, ensuring that cases are handled
appropriately based on their severity and complexity.
17. Process to Compel Appearance under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides a structured

framework to ensure the appearance of individuals in court, whether they are
accused, witnesses, or other necessary persons. This process is crucial for the
smooth functioning of the criminal justice system and is outlined in Chapter VI of
BNSS 2023. The primary methods to compel appearance include summons,
warrants ofy arrest, and proclamation and attachment.
1. Summons:
Form of Summons (Section 63 of BNSS):
Summons must be written in duplicate, signed by the presiding officer of the

court or another designated officer, and must include the court's seal.
Alternatively, summons can be sent in an encrypted format or another form of

electronic communication that displays the court's seal or a digital signature.
Service of Summons (Section 64 of BNSS):
Summons can be served by a police officer, an officer of the issuing court,

or another public servant.

The summons should be served directly to the individual by handing over
one of the duplicate copies.
If the individual refuses to accept the summons, the serving officer can leave
it at the individual's residence or place of business.
Service of Summons on Witness by Post (Section 71 of BNSS):
A court may direct a copy of the summons to be served by electronic

communication or registered post to the witness at their usual residence or place of
business.
If the witness refuses to accept the summons or acknowledges receipt, the

court may deem the summons as duly served.
2. Warrant of Arrest:
Issuance of Warrant (Section 72 of BNSS):
If the accused fails to appear in response to a summons without a reasonable

cause, the court may issue a warrant of arrest.
The warrant must be in writing, signed by the presiding officer, and bear the
court's seal.
Execution of Warrant:
The warrant can be executed by a police officer or any other person

authorized by the court.
The executing officer must inform the arrested person of the reason for the
arrest and, if required, present the warrant.
3. Proclamation and Attachment:
Proclamation (Section 84 of BNSS):
If the accused fails to appear even after the issuance of a warrant, the court
may publish a written proclamation requiring the accused to appear.
The proclamation is a public notice that the accused is required to appear

before the court.
Attachment of Property (Section 85 of BNSS):
If the accused fails to appear after the proclamation, the court may attach the
accused's property. The attached property is placed under the control of the State
Government.
Conclusion:
The process to compel appearance under BNSS 2023 is designed to balance

individual rights with the need for judicial authority. Summons, warrants, and
proclamations ensure that individuals are notified and given the opportunity to
appear in court. Failure to comply with these processes can result in legal
consequences, including arrest and attachment of property. This framework
upholds the principles of fairness and transparency in legal proceedings.
18. Process to Compel the Production of Things under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 outlines specific

procedures to compel the production of documents and other items necessary for
legal proceedings. These processes are detailed in Sections 94 to 110 of BNSS
2023 and include both summons and search warrants.
Summons to Produce Documents or Other Things (Section 94)
Issuance of Summons:
Court or Police Officer: Whenever a court or an officer in charge of a police

station deems it necessary or desirable for the production of any document,
electronic communication, or other thing for the purposes of any investigation,
inquiry, trial, or other proceeding, they may issue a summons or a written order.
Form of Summons: The summons can be in physical form or electronic form,

requiring the person in possession of the document or thing to attend and produce
it at the specified time and place.
Compliance:
Attendance and Production: The person receiving the summons must either
attend personally to produce the document or thing or cause it to be produced.

Exceptions: This section does not apply to letters, postcards, or other documents
in the custody of the postal authority.
Procedure as to Letters (Section 95)
Documents in Postal Custody:
Magistrates and Courts: If any document, parcel, or thing in the custody of a

postal authority is required for any investigation, inquiry, trial, or other proceeding,
a District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court
can require the postal authority to deliver the document or thing to a specified
person.
Other Authorities: Any other Magistrate, Commissioner of Police, or District

Superintendent of Police can require the postal authority to detain the document,
parcel, or thing pending further orders.
Search Warrants (Sections 96 to 101):
Issuance of Search Warrant:
Conditions for Issuance: A court may issue a search warrant if it believes

that a person will not produce the document or thing as required by a summons or
requisition, or if the document or thing is not known to be in the possession of any
person, or if a general search or inspection is necessary for the purposes of any
inquiry, trial, or other proceeding.
Specificity: The court may specify in the warrant the particular place or part to be
searched or inspected.
Execution of Search Warrant:
Authorized Persons: The person to whom the warrant is directed may search or
inspect in accordance with the warrant.
Magistrate’s Role: Any Magistrate other than a District Magistrate or Chief

Judicial Magistrate is not authorized to grant a warrant to search for documents,
parcels, or things in the custody of the postal authority.
Additional Provisions:

Forfeiture of Publications (Section 98): The state government can forfeit any
newspaper, book, or document that contains matters punishable under specific
sections of the Bharatiya Nyaya Sanhita, 2023.
Application to Set Aside Forfeiture (Section 99): Any person with an interest
in the forfeited publication can apply to the High Court to set aside the declaration
of forfeiture.
Search for Wrongfully Confined Persons (Section 100): If a Magistrate

believes that a person is wrongfully confined, they may issue a search warrant to
locate and produce the person before a Magistrate.
Conclusion:
The processes to compel the production of things under BNSS 2023 are
designed to ensure that essential evidence is available for legal proceedings while
maintaining legal standards and protecting individual rights. These provisions
balance the need for evidence with the requirement for judicial oversight and
accountability.
19. Maintenance of Wife, Children, and Aged Parents under BNSS 2023:
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 addresses
the maintenance obligations towards wives, children, and parents. This provision
ensures that individuals with sufficient means do not neglect their dependents who
cannot support themselves. The legislative intent is to prevent destitution and
ensure financial support for dependents, reflecting the state’s commitment to
uphold social justice.
Key Provisions:
Maintenance for Wife:
A wife who is unable to maintain herself can seek maintenance from her husband.
This includes divorced women who have not remarried.
Maintenance for Children:
Parents must support their minor children, whether legitimate or illegitimate.

This extends to children who have attained majority but are unable to maintain
themselves due to physical or mental abnormalities.
Maintenance for Parents:
Aged or destitute parents can seek maintenance from their children.
Process for Filing Maintenance Claims
Eligibility:
The claimant must fall into one of the categories outlined in Section 144.
Documentation:
Gather necessary documents such as marriage certificates, proof of income, and

evidence of financial needs.
Filing the Petition:
Draft and file a maintenance petition in the appropriate family court or

magistrate court.
The petition should detail the necessity for maintenance and provide
supporting financial statements.
Interim and Emergency Relief:
Claimants can request interim maintenance and emergency relief under Section
144(3) to address urgent financial needs during court proceedings.
Full Disclosure:
Both parties must provide a complete disclosure of their financial situations,

including income, expenses, assets, and liabilities.
Court Proceedings:
The court will schedule hearings where both parties can present their arguments
and evidence. The court will evaluate the details of the case and determine the
appropriate maintenance amount.

Enforcement and Consequences of Non-Compliance
Civil Penalties:
The court may impose fines or order the attachment of the defaulter’s salary
or property to recover unpaid maintenance.
Legal Enforcement Actions:
Courts have the authority to issue warrants or enforce compliance through

legal mechanisms.
Imprisonment:
In cases of willful default or repeated non-payment, the court may impose a

custodial sentence.
Loss of Custodial or Parental Rights:
Non-payment of maintenance can impact the defaulter’s custodial or visitation

rights, especially in cases involving children.
Contempt Proceedings:
Contempt proceedings may be initiated for willful disobedience of maintenance

orders.
Attachment and Recovery:
Maintenance orders may be enforced as civil court decrees, allowing attachment of

property and other coercive measures.
Challenges and Recommendations:
Inclusive Interpretation: The law should be interpreted inclusively to address the

socio-economic vulnerabilities of women in non-traditional relationships.
Speedy Resolution: Courts should expedite maintenance cases to ensure timely

financial support for dependents.

The maintenance provisions under BNSS 2023 aim to provide a quick and
effective remedy for dependents, ensuring they receive the financial support they
need.
20. Information to Police and Their Powers to Investigate under BNSS

2023:
Information to Police:
Recording of Information (Section 173):
Cognizable Offenses: Information about the commission of a cognizable offense

can be provided to the officer in charge of a police station either orally or through
electronic communication.
Recording and Signature: If provided orally, the information must be reduced to

writing, read over to the informant, and signed by them. If provided electronically,
it must be recorded and signed within three days.
Copy to Informant or Victim: A copy of the recorded information must be

provided to the informant or the victim.
Preliminary Inquiry:
For cognizable offenses punishable with imprisonment of three to seven

years, the officer in charge may conduct a preliminary inquiry with the permission
of a Deputy Superintendent of Police.
Powers of Police to Investigate:
Investigation Process (Section 176):
Crime Scene Investigation: Upon receiving information about an offense

punishable by seven years or more, the officer in charge must ensure that a forensic
expert visits the crime scene to collect evidence and that the scene is video-graphed
using mobile phones or electronic devices.
Use of Technology: The BNSS emphasizes the use of modern technology and
forensic methods in recording evidence from a crime scene.
Handling Non-Cognizable Offenses (Section 174):

Information about non-cognizable offenses must be recorded in a book and
referred to the magistrate. The officer must also forward the daily diary report of
such cases on a fortnightly basis to the magistrate.
Powers of Superior Police Officers (Sections 30-34)
Supervision and Oversight: Senior officers can oversee criminal

investigations, initiate investigations even in the absence of an FIR, and transfer
cases between investigating officers.
Arrest without Warrant: In cases of cognizable offenses, senior officers can

arrest suspects without prior judicial approval.
Grant of Bail: For bailable offenses, senior officers can grant bail at their
discretion.
Issuing Search Warrants: They have the authority to issue search warrants and
seize evidence.
Judicial Precedents:
Babu v. State of Karnataka (2007 CrLJ 3802): The court observed that the
failure of senior officers to utilize their powers resulted in unregulated
investigations.
State of Bihar v. J.A.C. Saldanha (AIR 1980 SC 326): The Supreme Court
ruled that the Inspector General can exercise the powers of an officer in charge
throughout their jurisdiction.
Conclusion:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces

significant reforms to the investigative powers of the police and the process of
providing information to law enforcement. These provisions aim to modernize the
investigative process, enhance the use of technology, and ensure that investigations
are conducted thoroughly and lawfully. The BNSS also emphasizes the importance
of public cooperation and the duty of citizens to assist magistrates and police
officers when reasonably required.
21. Charge under BNSS 2023:

Key Provisions and Changes:
Framing of Charges (Section 217):
The Sessions Court must frame charges within 60 days from the first hearing
on such charges.
This ensures that the legal process moves forward in a timely manner,
preventing unnecessary delays.
Content and Procedure:
Charges must be specific and clear, outlining the exact offenses the accused
is being charged with.
The accused must be informed of the charges in a language they understand,

ensuring that they are aware of the allegations against them.
Amendment of Charges:
The BNSS allows for the amendment of charges if new evidence comes to
light during the investigation or trial.
This ensures that the legal process remains flexible and responsive to new
information.
Multiple Charges:
The BNSS allows for multiple charges to be framed against a single accused
in cases where the evidence suggests multiple offenses.
This is particularly relevant in complex cases involving multiple victims or a

series of related offenses.
Impact on Legal Proceedings:
Speed and Efficiency:
The BNSS aims to streamline legal proceedings by setting clear timelines for
various stages of the process.

This includes the framing of charges, submission of investigation reports,
and the conduct of trials.
Protection of Rights:
The BNSS emphasizes the protection of the rights of the accused, ensuring
that they are informed of the charges and have the opportunity to defend
themselves.
This includes the right to legal representation and the right to be informed of
the progress of the investigation.
Judicial Interpretation and Precedents:
Anticipatory Bail:
The BNSS retains provisions for anticipatory bail, which allows individuals
to seek bail before being arrested.
Courts will continue to interpret these provisions in light of existing

precedents, ensuring that the rights of the accused are balanced with the interests of
justice.
Cancellation of Bail:
The BNSS provides specific grounds for the cancellation of bail, which may
lead to new judicial interpretations.
Courts will need to balance the interests of justice with the rights of the
accused, ensuring that bail is not misused to delay proceedings or intimidate
witnesses.
Conclusion:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces

significant changes to the process of framing and handling charges in criminal
cases. These changes aim to ensure a more efficient and transparent legal process
while protecting the rights of the accused. As the BNSS is implemented, courts
will continue to interpret and apply these provisions, setting new precedents that
will shape the future of criminal justice in India.

22. SUMMARY TRIALS:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides for summary
trials under Sections 283 to 288. These trials are designed to expedite the
resolution of minor offenses without compromising the principles of natural justice
and fair trial. Below is a summary of the key provisions related to summary trials
under BNSS 2023:
Magistrates Empowered to Conduct Summary Trials:
Chief Judicial Magistrate and Magistrate of First Class: They can try in a
summary way offenses such as theft where the value of the property stolen does
not exceed twenty thousand rupees, receiving or retaining stolen property, assisting
in the concealment or disposal of stolen property, certain offenses related to insult
and criminal intimidation, and attempts or abetment of these offenses.
Magistrate of Second Class: The High Court may confer power on any
Magistrate of the second class to try summarily any offense punishable only with a
fine or with imprisonment for a term not exceeding six months with or without
fine.
Procedure for Summary Trials:
The procedure specified for the trial of summons cases in BNSS shall be
followed, except for specific exceptions.
No sentence of imprisonment for a term exceeding three months shall be

passed in any conviction under this Chapter.
Judgment in Summary Trials:
In cases where the accused does not plead guilty, the Magistrate must record
the substance of the evidence and provide a judgment containing a brief statement
of the reasons for the finding.
Language of Record and Judgment:

All records and judgments must be written in the language used by the
Court. The High Court can permit any Magistrate to prepare the record or
judgment with the assistance of an officer designated by the Chief Judicial
Magistrate.
Appeal Rights:
The right of appeal in summary trials is limited compared to regular trials.

An accused can appeal only on points of law, not on questions of fact or mixed
questions of law and fact.
Comparison with Previous Code:
BNSS has expanded the scope of summary trials compared to the previous
Code of Criminal Procedure (CrPC) 1973. For instance, the value of property for
offenses that can be tried summarily has been increased from two hundred rupees
to twenty thousand rupees.
Summary trials under BNSS 2023 aim to enhance the efficiency and
effectiveness of the criminal justice system by providing a swift resolution for
minor offenses while ensuring that the rights of the accused are protected.
23. Inquiries and Trials:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces several

general provisions regarding inquiries and trials, aiming to modernize and
streamline the criminal justice process. Below are the key provisions:
Registration of Information (FIR) – Section 173 BNSS
Procedure for FIR: The process begins with the registration of a First Information
Report (FIR). This section outlines the procedure for lodging an FIR, which is a
written document prepared by the police upon receiving information about a
cognizable offense.
Investigation by Police – Sections 174 and 175 BNSS:
Initial Steps: Upon receiving the FIR, the police are required to visit the scene of
the crime, collect evidence, and record statements from witnesses.

Summoning and Evidence Collection: This section grants the police the authority
to summon individuals for questioning and to collect further evidence.
Examination of Witnesses and Recording of Statements – Section 176 BNSS:
Witness Testimonies: This section describes the procedure for examining

witnesses and recording their statements, ensuring that witness testimonies are
documented accurately.
Medical Examination – Section 177 BNSS:
Guidelines for Medical Examination: In cases where a medical examination

is necessary, this section provides guidelines for the examination of both the victim
and the accused, ensuring ethical and legally sound collection of medical
evidence.
Submission of Report – Section 178 BNSS:
Charge Sheet Submission: After completing the investigation, the police must
compile a detailed report of their findings, known as the charge sheet, and submit it
to the Magistrate.
Magistrate’s Role – Section 179 BNSS:
Review of Evidence: The Magistrate reviews the police report to determine

whether there is sufficient evidence to proceed with a trial.
Trial Preparation – Section 182 BNSS:
Pre-Trial Procedures: This section outlines the procedures for preparing for
the trial, including the framing of charges and other preliminary steps.
Conduct of Trial – Section 183 BNSS:
Trial Process: This section details the conduct of the trial, including the
examination of witnesses, presentation of evidence, and the final judgment.
General Provisions for Inquiries and Trials:

Electronic Proceedings: BNSS enables all legal proceedings to be conducted
electronically, including issuing, serving, and executing summons and warrants,
examining complainants and witnesses, and recording evidence.
Witness Protection: The Act includes robust measures to protect witnesses from
intimidation and harm, including provisions for anonymity and relocation if
necessary.
Victim Participation: Victims are granted greater participation in the trial process,
including the right to be heard at various stages of the proceedings.
These provisions aim to enhance the efficiency and effectiveness of the criminal
justice system while ensuring transparency and the protection of both victim and
accused rights.
24. PROCLAMATION & ATTACHMENT:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, provisions related
to proclamation and attachment are outlined in Sections 84 to 89. These provisions
are designed to ensure the appearance of accused persons before the court and to
secure their property if they abscond or conceal themselves to avoid arrest. Here is
a summary of the key provisions:
Proclamation (Section 84):
Issuance of Proclamation: If the court has reason to believe that a person

against whom a warrant has been issued has absconded or is concealing
themselves, the court may publish a written proclamation requiring the person to
appear at a specified place and time (not less than thirty days from the date of
publishing the proclamation) .
Publication of Proclamation:
The proclamation must be publicly read in a conspicuous place in the town

or village where the person ordinarily resides.
It must be affixed to a conspicuous part of the house or homestead where the

person resides or to a conspicuous place in the town or village.
A copy must be affixed to a conspicuous part of the courthouse.

The court may also direct the publication of the proclamation in a daily
newspaper circulating in the area where the person resides .
Declaration of Proclaimed Offender: If the person fails to appear and is accused

of an offense punishable with imprisonment of ten years or more, life
imprisonment, or death, the court may declare the person a proclaimed offender .
Attachment of Property (Section 85):
Order of Attachment: The court may order the attachment of any property
(movable or immovable) belonging to the proclaimed person at any time after
issuing the proclamation. If the court is satisfied that the person is about to dispose
of or remove their property from the local jurisdiction, the attachment can be
ordered simultaneously with the proclamation .
Methods of Attachment:
For movable property: By seizure, appointment of a receiver, or an order

prohibiting delivery of the property to the proclaimed person or anyone on their
behalf .
For immovable property: Through the Collector of the district (if the land pays
revenue to the State Government) or by taking possession, appointing a receiver, or
prohibiting payment of rent or delivery of the property to the proclaimed person .
Perishable Property: If the property is livestock or perishable, the court may

order an immediate sale, and the proceeds will be held by the court .
Claims and Objections to Attachment (Section 87)
Claims and Objections: If any claim or objection is made to the attachment of

property by a person other than the proclaimed person within six months of the
attachment, the court will inquire into the claim or objection and may allow or
disallow it in whole or in part .
Punishment for Nonappearance (Section 209 of Bharatiya Nyaya Sanhita, 2023)
Punishment: Failure to appear as required by the proclamation can result in

imprisonment for up to three years, a fine, or both. If the person is declared a

proclaimed offender, the punishment can extend to seven years and may include a
fine .
These provisions aim to ensure that accused persons do not evade justice by
absconding and that their property can be secured to facilitate legal proceedings.
25. Trial of Warrant Cases by Magistrate under BNSS 2023:
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the trial of
warrant cases by Magistrates is governed by specific provisions aimed at ensuring
a fair, transparent, and efficient judicial process. Here is a detailed overview of the
key provisions and steps involved:
1. Registration of Information (FIR) – Section 173 BNSS:
The process begins with the registration of a First Information Report (FIR).
This section outlines the procedure for lodging an FIR, which is a written
document prepared by the police upon receiving information about a cognizable
offense. This marks the initiation of the investigation .
2. Investigation by Police – Sections 174 and 175 BNSS:
Section 174: Upon receiving the FIR, the police are required to visit the
scene of the crime, collect evidence, and record statements from witnesses. This
section details the initial steps the police must take to gather preliminary
information .
Section 175: This section grants the police the authority to summon
individuals for questioning and to collect further evidence. It ensures that the
police have the necessary powers to conduct a thorough investigation .
3. Examination of Witnesses and Recording of Statements – Section 176

BNSS:
Witnesses play a crucial role in the investigation process. This section

describes the procedure for examining witnesses and recording their statements. It
ensures that witness testimonies are documented accurately and comprehensively .

4. Medical Examination – Section 177 BNSS:
In cases where a medical examination is necessary, this section provides

guidelines for the examination of both the victim and the accused. It ensures that
medical evidence is collected in a manner that is both ethical and legally sound .
5. Submission of Report – Section 178 BNSS:
After completing the investigation, the police must compile a detailed report
of their findings. This report, known as the charge sheet, is then submitted to the
Magistrate. This section outlines the requirements for the report and the timeline
for its submission .
6. Magistrate’s Role – Section 179 BNSS:
The Magistrate reviews the police report to determine whether there is

sufficient evidence to proceed with a trial. This section details the Magistrate’s
responsibilities in evaluating the evidence and making a decision on the next steps
.
7. Trial Preparation – Section 182 BNSS:
Framing of Charges: The Magistrate frames the charges based on the evidence
presented in the police report. The accused is then informed of the charges and
asked to enter a plea .
Pre-Trial Procedures: This includes ensuring that all necessary documents and
evidence are in order, and that both the prosecution and defense are ready for the
trial .
8. Conduct of Trial – Section 183 BNSS:
Examination of Witnesses: The prosecution and defense are given the

opportunity to examine and cross-examine witnesses. The court ensures that all
testimonies are recorded accurately .
Presentation of Evidence: Both sides present their evidence, which may include
documents, physical evidence, and expert testimonies. The court evaluates the
evidence to determine its admissibility and relevance .

Judgment: After hearing all the evidence and arguments, the Magistrate delivers a
judgment. The judgment must be based on the evidence presented and the
applicable law .
9. Electronic Trials – Section 530 BNSS:
The BNSS introduces provisions for electronic trials, allowing for the
issuance of summons and warrants, examination of witnesses, and recording of
evidence through electronic means. This includes video conferencing and other
digital platforms, enhancing efficiency and accessibility .
10. Penalty for Non-Appearance – Section 209 BNSS:
If an individual fails to appear at the specified place and time as required by

a proclamation published under Section 84, they may be punished with
imprisonment for up to three years, a fine, or both. If the individual is declared a
proclaimed offender, the punishment can extend to seven years and may include a
fine .
Conclusion:
The BNSS 2023 aims to modernize and streamline the criminal justice
process by introducing clear and structured procedures for inquiries, investigations,
and trials. The provisions ensure transparency, efficiency, and the protection of
both victim and accused rights. The introduction of electronic trials and penalties
for non-appearance further enhance the effectiveness of the judicial system.
26. Judgment under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides detailed

provisions for the pronouncement and recording of judgments in criminal cases.
Here is a summary of the key provisions related to judgment under BNSS 2023:
Section 392: Pronouncement of Judgment:
Pronouncement in Open Court:

The judgment in every trial in any Criminal Court of original jurisdiction
shall be pronounced in open court by the presiding officer immediately after the
termination of the trial or at some subsequent time not later than forty-five days, of
which notice shall be given to the parties or their advocates.
a. The judgment can be pronounced:

b. By delivering the whole of the judgment.
c. By reading out the whole of the judgment.
d. By reading out the operative part of the judgment and explaining the
substance of the judgment in a language understood by the accused or their
advocate.
Recording of Judgment:
If the judgment is delivered by reading the whole of it, the presiding officer
shall cause it to be taken down in shorthand, sign the transcript, and write the date
of the delivery of the judgment in open court.
If the judgment or the operative part is read out, it shall be dated and signed
by the presiding officer in open court. If it is not written by the presiding officer,
every page of the judgment shall be signed by them.
Availability of Judgment:
If the judgment is pronounced by reading out the operative part, the whole
judgment or a copy thereof shall be immediately made available for the perusal of
the parties or their advocates free of cost.
The court shall, as far as practicable, upload a copy of the judgment on its
portal within seven days from the date of judgment.
Attendance of Accused:
If the accused is in custody, they shall be brought up to hear the judgment

pronounced either in person or through audio-video electronic means.
If the accused is not in custody, they shall be required to attend to hear the
judgment pronounced, except where their personal attendance during the trial has
been dispensed with and the sentence is one of fine only or they are acquitted.

Validity of Judgment:
No judgment delivered by any Criminal Court shall be deemed invalid

merely because of the absence of any party or their advocate on the day or from the
place notified for the delivery thereof, or any omission to serve or defect in serving
the notice of such day and place.
Section 393: Language and Contents of Judgment:
a. The judgment must be written in a language that is easily understood by the

parties involved.
b. The judgment should include:
c. A brief statement of the case.
d. The points for determination.
e. The decision on each point.
f. The reasons for the decision.
g. The final order or sentence.
These provisions ensure that the judgment process is transparent, accessible,

and comprehensible to all parties involved. The BNSS 2023 aims to modernize the
criminal justice system by incorporating provisions that enhance efficiency and
fairness in the delivery of justice.
27. Execution, Suspension, Remission, and Commutation of Sentences

under BNSS 2023:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides comprehensive

provisions for the execution, suspension, remission, and commutation of sentences.
These provisions aim to ensure a fair and humane criminal justice system while
maintaining the rule of law. Below is a detailed overview of these provisions:
1. Execution of Sentences:
Section 410: Execution of orders passed under this section.
Section 411: Execution of sentences of death passed by the High Court.

Section 412: Postponement of execution of sentences of death in case of appeal to
the Supreme Court.
Section 413: Postponement of capital sentences on pregnant women.
2. Suspension of Execution of Sentences
Section 464: Suspension of execution of sentences of imprisonment. When an

offender is sentenced to fine only and to imprisonment in default of payment of the
fine, the court may:
Order that the fine shall be payable in full or in installments.
Suspend the execution of the sentence of imprisonment and release the offender on
bond or bail bond, conditioned for their appearance before the court on specified
dates.
3. Remission of Sentences:
Section 473: Power to remit sentences. The appropriate government may remit the
whole or any part of the sentence of any person convicted of an offense under this
Sanhita.
Conditions for Remission:
Remission can be granted unconditionally or subject to certain conditions.
The decision to grant remission must be well-informed, reasonable, and fair.
A convict cannot seek remission as a matter of right, but their case for remission
must be considered in accordance with the law and applicable policy.
4. Commutation of Sentences:
Section 5: Commutation of sentence. The appropriate government may, without

the consent of the offender, commute any punishment under this Sanhita to any
other punishment in accordance with Section 474.
Section 474: The appropriate government may commute sentences as follows:
Sentence of death to life imprisonment.

Life imprisonment to imprisonment for a term not less than seven years.
Imprisonment for seven years or more to imprisonment for a term not less than
three years.
Imprisonment for less than seven years to a fine.
Rigorous imprisonment to simple imprisonment.
5. Restrictions on Remission or Commutation:
Section 475: Restrictions on powers of remission or commutation in certain

cases. Where a sentence of life imprisonment is imposed for an offense for which
death is one of the punishments, or where a death sentence has been commuted to
life imprisonment, the person shall not be released from prison unless they have
served at least 14 years of imprisonment.
6. Concurrent Powers and State Government Actions:
Section 476: The Central Government may exercise the powers conferred by
Sections 473 and 474 in cases of sentences of death.
Section 477: The State Government may act in concurrence with the Central
Government in certain cases.
Conclusion:
The BNSS 2023 provides a structured framework for the execution,

suspension, remission, and commutation of sentences. These provisions aim to
balance the need for justice with the principles of fairness and humanity. The
appropriate government, whether the Central or State Government, has significant
powers to modify sentences in accordance with the law, ensuring that the criminal
justice system remains both effective and just.

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IMPORTANT QUESTIONS IN BNSS:

1. Bailable and Non-Bailable Offences under BNSS 2023:

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SNo. Bailable Non-Bailable

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The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a significant overhaul

Sections: BNSS introduces 531 sections, surpassing CrPC’s 484 sections.

Amendments and Additions: 107 sections amended, 9 new sections incorporated,

Prepared by Eda.Chandra Sekhar. Roll No: 1723-22-831-131. Page 6

Signatures and Finger Impressions:

BNSS expands the Magistrate’s power to order specimen signatures, handwriting,

Timelines for Procedures:

BNSS establishes timelines for various procedures, including rape victim

Time-Bound Investigation and Judgment:

Emphasis on time-bound processes, from filing FIR to delivering judgments,

Trial on Video Conference:

Video conferencing was introduced for legal proceedings, enhancing accessibility

Video Recording of Search and Seizure:

Police actions, such as search and seizure, are to be video-recorded for

Electronic Recording of Depositions:

Depositions of accused and witnesses are recorded electronically, ensuring

Service of Process in Electronic Form:

Legal notifications and processes to be served electronically, aligning with modern

e-FIR (to be signed within three days):

Sanction of Government for Trial:

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The magistrate was empowered to order the collection of handwriting, fingerprints,

Victim or Informant Notification:

Summary Trial Scope Expansion:

Increase the scope of summary trials to offences punishable with imprisonment up

Zero FIR – Specific Provision:

Implementation of a specific provision for “Zero FIR,” allowing FIR lodgement in

Authorization for police officers to use handcuffs in specific cases, including

Legal Basis: Section 478 and 480 of the BNSS.

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Jurisdiction: Magistrate Court, Sessions Court, or High Court, depending on the

Timing: Sought after the arrest.

Definition: Anticipatory bail is a pre-arrest legal remedy sought by a person who

Legal Basis: Section 482 of the BNSS.

Purpose: To prevent undue harassment or detention before arrest.

Jurisdiction: Can be granted by Sessions Court or High Court.

Timing: Must be sought before arrest.

Purpose: To provide immediate and temporary relief to the accused, preventing

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Timing: Before the final bail hearing.

Legal Basis: Section 479 of the BNSS.

Jurisdiction: Magistrate Court or Sessions Court.

Definition: Medical bail is granted to individuals based solely on medical grounds.

Purpose: To ensure that individuals with serious medical conditions receive

Jurisdiction: Any court empowered to decide on bail applications.

Key Changes and Provisions:

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Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, probation is

Section 401: Order to Release on Probation of Good Conduct or After Admonition

Eligibility for Probation:

Age: Any person under twenty-one years of age.

Offense: Convicted of an offense punishable with fine only or imprisonment for a

Women: Any woman convicted of an offense not punishable with death or