THE BHARTIYA NAGARIK SURAKSHA SANHITA,2023

This Act is called as

Bhartiya Nagarik Suraksha Sanhita,2023

Bhartiya Nagarik Suraksha Sanhita,2023

came into force on

1st day of July, 2024

BNSS extends to

The provisions only of Chapters IX, XI and XII thereof, shall apply

•  to the State of Nagaland;

•  to the Tribal areas,

but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Definitions in BNSS are provided Under

Sec. 2

Audio-Video Electronic is defined under

Sec. 2(1) (a)

Audio-Video Electronic means

shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;

Bail is defined under

Sec. 2(1) (b)

Bail means

release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;

Bailable offence and Non-Bailable offence is defined under

Sec. 2(1) (c)

Bailable offence means

an offence which is shown as bailable in the First schedule or which is made bailable by any other law for the time being in force; and

Non bailable offence means

any other offence.

Bail bond is defined under

Sec. 2(1) (d)

Bail bond means

an undertaking for release with surety;

Bond is defined under

Sec. 2(1) (e)

Bond means

a personal bond or an undertaking for release without surety;

Charge is defined under

Sec. 2(1) (f)

Charge includes

any head of charge when the charge contains more heads than one.

Cognizable offence / Cognizable case is defined under

Sec. 2(1) (g)

In case of Cognizable offence /cognizable case

an offence for which, and "Cognizable Case" means a case in which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

Complaint is defined under

Sec. 2(1) (h)

Complaint means any allegation Made

Orally or in Writing

Complaint is made to

Magistrate, with a view to his taking action under this Sanhita

Under Sec. 2(h), Complaint can be made against

Any person, who has committed an offence, whether known or unknown has committed an offence, but does not include a police report.

Electronic Communication is defined under

Sec. 2(1) (i)

Electronic Communication means

•  from one person to another or

•  from one device to another or

•  from a person to a device or

•  from a device to a person)

High court is defined under

Sec 2(1) (j)

As per Sec.2(1) (j) In relation to any State,

the High Court for that State

As per Sec.2(1) (j) In relation to a Union Territory

Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court

As per Sec. 2(1) (j) In relation to any other Union Territory

the highest court of criminal appeal for that territory other than the Supreme Court of India

Inquiry is defined under

Sec 2(1) (k)

Inquiry under section 2(1) (k) means every inquiry

Other than a trial, conducted under the Sanhita by a Magistrate or Court

Investigation is defined under

Sec 2(1) (l)

Under Sec. 2(1) (l) Investigation includes

all the proceedings under this Sanhita for the collection of evidence.

Under Sec. 2(1) (l) Investigation is conducted by

A Police officer or by any person authorized by a Magistrate in this behalf.

Under Sec. 2(1) (l) Investigation is NOT conducted by

A Magistrate

Judicial proceeding is defined under

Sec 2 (1) (m)

Judicial proceeding under Sec. 2(1)(m) includes

Any proceeding in the course of which Evidence is or may be legally taken on oath;

Local jurisdiction is defined under

Sec 2 (1)(n)

Local jurisdiction in relation to a Court or Magistrate means

A local area within which the court or magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may by notification specify.

Non-cognizable offence and non-cognizable case are defined under

Sec 2 (1)(o)

Non- cognizable offence and non- cognizable case means

An offence and a case in which a Police Officer has no authority to arrest without a warrant.

Notification is defined under

Sec 2 (1) (p)

Notification means

A notification published in the Official Gazette;

Offence is defined under

Sec 2 (1) (q)

Offence means

Any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under Sec. 20 of the Cattle Trespass Act, 1871 (1 of 1871)

Officer in charge of the police station is provided under

Sec 2 (1) (r)

When the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties,

the police officer present next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present

Place is defined under

Sec 2 (1) (s)

Place includes

A house, building, tent, vehicle and vessel

Police report is defined under

Sec 2 (1) (t)

Police report means

A report forwarded by a police officer to a Magistrate under sub section (3) of section 193

Police station is defined under

Sec 2(1) (u)

Police station means

Any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified  by  the  State Government in this behalf.

Public Prosecutor is defined under

Sec 2 (1) (v)

Public Prosecutor means

Any person appointed under Sec. 18 and includes any person acting under the directions of a Public Prosecutor.

Sub division is defined under

Sec 2 (1) (w)

Sub division means

A subdivision of a district

Summons case is defined under

Sec 2 (1) (x)

Summons case means

A case relating to an offence, and not being a warrant case

Victim is defined under

Sec 2 (1) (y)

Victim means

a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or  legal heir of such victim;

Victim includes

His or her guardian or legal heir

Warrant case is defined under

Sec 2 (1) (z)

Warrant case means

A case relating to an offence punishable with

•  Death,

•  Imprisonment for life, or,

•  Imprisonment for a term exceeding 2 years

Investigation, inquiry and trial of offences under Bharatiya Nyaya Sanhita, 2023 is provided under

Sec. 4

According to Sec. 4, Investigation, inquiry and trial of offences under Bharatiya Nyaya Sanhita will be

As per the provisions of under Bharatiya Nagarik Suraksha Sanhita, 2023

According to Sec. 4, Investigation, inquiry and trial of offences under any other law

As per the provisions of BNSS but subject to the provisions of any special enactment

Special or Local law in force shall prevail over Bharatiya Nagrik Suraksha Sanhita is provided under

Sec. 5

Constitution of Criminal Courts and offices are provided under

Chapter 2 (Sec. 6 to 20)

Under Sec. 6 the courts which are provided

Besides the High Courts and the courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts,

  I.  Courts of Session;  

II. Judicial Magistrate of the first class  

III. Judicial Magistrate of the second class; and 

IV.   Executive Magistrate.

According to Sec. 7, every State shall be or shall consists of

Sessions Division or shall consist of sessions divisions; and every session divisions shall be a district or consists of districts.

Division of Districts into Sessions under Sec. 7(3) will be made by

State Government after consultation with High Court

Court of Session and appointment of its judges are defined under

Sec. 8

Court of Session under Sec. 8 shall be established by

State Government, for every Sessions Division.

Judges of every Sessions Court shall be appointed by the

High Court

Additional Sessions Judge and Assistant Sessions Judge              shall be appointed by the

High Court

Where the office of the Sessions Judge is VACANT

The High Court may make arrangements for the disposal of any urgent application, by an

Additional Sessions Judge, or, Chief Judicial Magistrate,

The sitting of the Court of Sessions shall be

As the HIGH COURT may, by notification, specify

The Court of Session with the consent of the prosecution and the accused, sit at any place on the ground of

GENERAL CONVENIENCE of the parties and witness

The Courts of Judicial Magistrates are provided under

Sec. 9

The Courts of Judicial Magistrates shall be established by

State Government after consultation with the High Court

Courts of Judicial Magistrate shall consist of

Judicial Magistrates of First Class

Judicial Magistrates of Second Class

The Special Courts of Judicial Magistrate of First Class or Second Class shall be established by

The State Government after consultation with the High Court,

For the purpose of trying a particular case or class of Cases

The Presiding officers of the Special Court of Judicial Magistrates shall be appointed by the

High Court

The High Court may confer powers of a Judicial Magistrate of first class or of second class on

Any member of the Judicial Services of the State functioning as a Judge in a CIVIL COURT.

Appointment     of Chief Judicial under Sec.9 Magistrate, Additional Chief Judicial Magistrate, Sub-divisional Judicial Magistrate provided under

Sec. 10

Judicial Magistrate of First Class shall be appointed as Chief Judicial Magistrate or Additional Chief Judicial Magistrate or Sub Divisional Judicial Magistrate by the under-Sec.10

High Court

Special Judicial Magistrates shall be appointed under

Sec. 11

Special Judicial Magistrates shall be appointed by

High Court, if requested by the Central or State Government

Special Judicial Magistrates shall be appointed for a term

Not exceeding one year at a time

Local jurisdiction of Judicial Magistrates appointed under section 9 or section 11 provided under

Sec. 12

Local jurisdiction of Judicial Magistrates shall be defined by

Subject to the control of the High Court, Chief Judicial Magistrate

Court of a Special Judicial Magistrate under Sec. 11 may hold it sitting

At any Place, within the local area for which it is established

Subordination of Judicial Magistrates provided under

Sec. 13

Every Chief judicial magistrate under Sec. 10 shall be subordinate to the

Sessions Judge

Every other Judicial Magistrate under Sec.11 shall, subject to the general control of the Sessions Judge, be subordinate to the

Chief Judicial Magistrate, subject to the general control of the Sessions Judge.

Rules as to the distribution of business among the Judicial Magistrates subordinate to Chief Judicial Magistrate may be made by

Chief Judicial Magistrate

The provisions for the appointment of EXECUTIVE MAGISTRATES are provided under

Sec. 14

Executive Magistrates are appointed by

The State Government

The State Government, under Sec.14(5), may confer all or any of the powers of an Executive Magistrate on a

Commissioner of Police

The provisions for the appointment of Special Executive Magistrates are provided under

Sec. 15

Special Executive Magistrates are appointed by

The State Government

Local Jurisdiction of Executive Magistrates is provided under

Sec. 16

The Local Jurisdiction of Executive Magistrates may be defined by

The District Magistrate but subject to the control of the State Government

The Subordination of Executive Magistrates is provided under

Sec. 17

All Executive Magistrates, according to Sec.17 shall be subordinate to the

District Magistrate

Every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division according to Sec.17 shall also be subordinate to the

Sub-divisional Magistrate, subject to the general control of the District Magistrate.

For every High Court under Sec.18, a Public Prosecutor and one or more Additional Public Prosecutor, shall be appointed by

The Central Government or the State Government after consultation with the High Court

For every district under Sec.18, Public Prosecutor and one or more Additional Public Prosecutors for the district shall be appoint

The State Government

According to Sec.18(4), who shall prepare a panel of persons fit to be appointed as Public Prosecutor or Additional Public Prosecutor for the district.

The District Magistrate, in consultation with the Sessions Judge.

According to Sec. 18(7), a person shall be eligible to be appointed as Public Prosecutor or Additional Public Prosecutor

Only if he has been in practice as an advocate for not less than seven years

The provisions for the appointment of Assistant Public Prosecutors are provided under

Sec. 19

Under Sec. 19 Assistant Public Prosecutors in the court of magistrates shall be appointed by

The State Government

According to Sec.19(2) who may appoint Assistant Public Prosecutors for any case or class of cases in the Courts of Magistrates

The Central Government

No police officer shall be eligible to be appointed as an Assistant Public Prosecutor as per section

Proviso to section 19

According to Sec.19(3) Where no Assistant Public Prosecutor is available who may appoint any other person to be the Assistant Public Prosecutor

The District Magistrate

The provisions for the establishment and    appointment of DIRECTORATE OF PROSECUTION are provided under

Sec. 20

Who shall establish the directorate of Prosecution

The State Govt. may establish a Directorate of Prosecution consisting of a director and as many Deputy Directors as it thinks fit.

Under Sec.20 The Qualification of Director/ Deputy Director shall be if he has been in practice as an advocate

For not less than Fifteen Years.

The Head of Directorate DIRECTOR under administrative control of

Home Department of the State.

The shall not apply to

The Advocate General of the State while performing the functions of a Public Prosecutor.

The courts by which offences are triable are provided under

Sec. 21

According to Sec. 21, any offence under the BNS may be tried by

1.  The High Court, or

2.  The Court of Session, or

3.   Any other court by which such offence is shown in the first schedule to be triable

According to provisions of Sec.20 Sec.21, any offence under ANY OTHER LAW when no Court is so mentioned

I.  The High Court, or                   

II. Any other Court by which the First Schedule to be triable

The provisions of Sentences which High Courts and Sessions Judges may pass are provided under

Sec. 22

COURT (Section 22)

SENTENCES WHICH MAY BE PASSED

1.  High Court

Any sentence authorised by law

2. Sessions Judge or Additional Sessions Judge

Any sentence authorised by law;

But any sentence of death passed by any such judge shall be subject to confirmation by the high court

The provision for the Sentence which Magistrate may pass provided under

Sec.23

COURT

SENTENCES WHICH MAY BE PASSED

1. Chief Judicial Magistrate

Any sentence authorised by law except a sentence

• Of death or

• Of imprisonment for life or

• Of imprisonment for a term exceeding seven years

2. Magistrate of the first class

• Imprisonment not exceeding three years, or

• of fine not exceeding fifty thousand rupees, or of both, or

• of community service.

3. Magistrate of the second class

• Imprisonment not exceeding one year, or  

• ten thousand rupees, or of both, or

• of community service.

The provision for Sentence of imprisonment in default of fine is provided under

Sec 24

Imprisonment in default of payment of fine as per Sec.24 shall

• Not be in excess of the powers of the Magistrate under section 23.

• Not, exceed one-fourth of the term of imprisonment prescribed for the offence.

The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment.

The provisions for sentence in cases of conviction of several offences at one trial are provided under

Sec. 25

According to Sec. 25, When a person is convicted at one trial of two or more offences, the Court may sentence him (subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023,)

• to the several punishments,

According to sec 25(2) proviso (a), In the case of consecutive sentences, maximum sentence

Cannot be more than twenty years;

According to Sec. 25(2) proviso (b), the aggregate punishment shall not exceed

Twice the amount of punishment which the Court is competent to inflict for a single offence

According to Sec. 25(2) if aggregate punishment for the several offences exceeds to which court is competent to inflict

It shall not be necessary for the Court to send the offender for trial before a higher Court

For the purpose of appeal by a convicted person under Sec. 25

The aggregate of the consecutive sentences shall be deemed to be a single sentence.

The powers and duties of a Judge or Magistrate may be exercised or performed by his

Successor-in-office as provided under Sec 29

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid, this provision is given under

Sec. 31

Under Sec. 31, When Every person is bound to assist a Magistrate or police officer reasonably demanding his aid

• in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or

• in the prevention or suppression of a breach of the peace; or

• in the prevention of any injury attempted to be committed  to  any public property.

The provision for Aid to person other than police officer, executing warrant is provided under

Sec. 32, any person may aid in the execution.

The provision that every person aware of commission of certain offences shall give information to the Magistrate or Police Officer is given under

Sec. 33

For the purpose of Sec. 34 BNSS officer employed in connection with the affairs of the village” means

• a member of the panchayat of the village and

• includes the headman and every officer or

• other person appointed to perform any function  connected with the administration of the village

According to Sec.34 BNSS, every officer employed in connection with the affairs of a village shall communicate to whom about any information which he may posses

• Inform to the nearest Magistrate or

• To the officer in charge of the nearest police station

According to Sec.34 BNSS who shall inform to the nearest Magistrate or to the officer in charge of the nearest police station

Persons above mentioned and every person residing in a village.

Which   chapter of BNSS provides provisions regarding arrest of persons in cognizable and non-cognizable cases?

Chapter V

Under which provision a police officer may arrest without warrant?

Sec.35

How many grounds are mentioned under Sec. 35 under which a police officer may arrest without a warrant ?

10 grounds

Under Sec. 35, On what grounds can a police officer may arrest any person without a warrant?

a.  Who commits, in the presence of a police officer, a cognizable offence.

b. Against whom a reasonable complaint has been made or credible information has been received, or, a reasonable suspicion exist that he has committed cognizable offence punishable with imprisonment for term which may be less than seven years or which may extend to seven years whether with or without fine

When the arrest of a person is not required under the provisions of Sec. 35(1) (b) whether a police officer is required to record the reasons thereof?

Yes, he is required to record his reasons in writing for not making the arrest.

Under Sec. 35, a police officer shall in all cases where arrest of a person is not required under the provisions of sec 35(1), issue a notice directing the person to appear

• Before him or

• At such other places as specified in the notice.

When can a police officer may arrest a person under Sec. 35?

• If the person fails to comply with the notice issued under sec 35, or,

• Is unwilling to identify himselfPolice officer subject to the orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice.

The procedure of arrest and duties of officer making arrest is provided under

Sec. 36

Under which section of BNSS the control rooms are established

Sec. 37

Who shall establish the control rooms in districts?

State Govt.

Under Sec. 37 the control rooms shall be created at

In every district and at state level

Sec. 38 provides for

Right of the person arrested to meet an advocate of his choice during interrogation.

Under Sec. 38, an arrested person can meet the advocate of his choice

During interrogation, though not throughout interrogation.

The Supreme Court held that the arrestee may be permitted to meet his lawyer during interrogation though not throughout the interrogation, in the case of

D K Basu v. State of West Bengal

Arrest   on refusal to give name and residence can be made under

Sec. 39

Under Sec. 39 when can an arrest be made?

When any person

• In presence of a police officer

• Has committed or has been accused of committing

• A non-cognizable offence

• Refused, on demand of such officer, to give his name and residence

Can a private person arrest any person?

Yes

Under which section a private person can make arrest

Under section 40

According to Sec.40, on what grounds a private person can make arrest

When that person has committed a

• Non-bailable offence and

• Cognizable offence, or,

• Who is any proclaimed offender

Under which section the magistrate, whether Executive or Judicial can make arrest

Under Sec. 41

When any offence has been committed in the presence of the magistrate, whether Executive or Judicial, how can he do so?

He may Himself arrest the offender, or Order any person to arrest the offender

Whether a magistrate ordering arrest under Sec. 41 should be competent to issue a warrant for such arrest?

Yes.

Members of armed forces are protected from arrest under which section?

Under sec 42

The member of the armed forces under Sec. 42 can be arrested only

If serving under Union- previous sanction of Central Government has to be obtained for arresting him.

How an arrest under Sec 43 is made?

         • actually touch or

          • confine the body of the person to be arrested,

          • unless there be a submission to the custody

          • by word or action

Under Sec 43, where arrest of a woman is to made, the arrest shall be made by a

Woman Police Officer

Under Sec 43, where arrest of a woman is to made unless the circumstances otherwise require or unless the police officer is a female,

Police officer shall not TOUCH the woman for making her arrest.

Under Sec.43(5) whether a woman can be arrested after sunset and before sunrise

No

The exception of the Sec. 43(5) says that

• She may be arrested where such exceptional circumstances exist and

• The woman police officer shall by making a written report,

• Obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or an arrest is to be made.

Search of place entered by the person sought to be arrested is provided under

Sec. 44

Under Sec.45 For the purpose of arresting without warrant, a police officer may pursue such person

Into any place in India.

Sec.46 provides for which right of an arrested person?

That the person arrested should not be subjected to more restraint than necessary to prevent his escape.

Person arrested to be informed of grounds of arrest and of right to bail is provided under

Sec. 47

Obligation of person making arrest to inform about the arrest, etc., to a nominated person is provided under

Sec. 48

Where a Search of arrested persons under Sec. 49 is caused to a female

The search shall be made by another female with strict regard to decency

Power to seize offensive weapons is provided under

Sec. 50

Examination of accused by medical practitioner at the request of police officer is provided under

Sec. 51

Examination of person accused of rape by medical practitioner is provided under

Sec. 52

The examination of person accused of rape under Sec.52 is to be made by a registered medical practitioner employed in a hospital run by the Government but in the absence of such a practitioner who can examine him?

Any other registered medical practitioner, acting at the request of the police officer who is present within the radius of sixteen kilometers from the place where the offence has been committed.

Examination of arrested person by medical officer under Sec. 53 shall be by a

Registered medical practitioner

Where the arrested person is a FEMALE, the examination of the body shall be made only by or under the supervision of

a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

Identification of person arrested is provided under

Sec. 54

Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary under Sec. 54, for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of whom direct the person so arrested to subject himself to identification by any person or persons?

On the request of the officer in charge of a police station,

Under which section health and safety of arrested persons were added.

Sec. 56

Under Sec. 57, A police officer making an arrest without warrant shall, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Without unnecessary delay.

Person arrested not to be detained more than twenty-four hours is provided under

Sec. 58

Under sec 61, If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him

In any place in India

Arrest to be made strictly according to the BNSS is provided under which section?

Sec 62

Chapter VI of BNSS deals with

Processes to compel appearance (Summons, Warrants, Proclamation & Attachment)

The Provisions for the issue and service of summons are provided under

Sec. 63- Sec. 71

Summons are issued under

Sec. 63

Every summons under Sec. 63 issued by a Court under this sanhita shall be

• in writing,

• in duplicate,

• signed by the presiding officer and

• bear the seal of the Court

Every summons under Sec. 64 shall be served by

• by a police officer

According to Sec. 64, summons shall be served

Personally, by delivering or tendering to him one of the  duplicates of the summons.

Under Sec. 65, Service of summons on Corporate bodies and societies can be served

• Director,

• Manager

• Secretary,

• Other officer of the corporation, or

• By letter sent by registered post,

• addressed to the Director, Manager, Secretary or other officer of the company or corporation in India.

Under   Sec. 66  Where the person summoned cannot be found, the summons can be served

by leaving one of the duplicates for him with  some

      • adult member of his family residing with him.

Can a servant be a member of the family for the purpose of serving summons under Sec. 66?

No

Sec. 66 also known as

Extended service of summons

Sec. 67 also known as

Substituted service of summons

Under Sec. 67, If service cannot by the exercise of due diligence be effected as provided in Sec. 64, Sec.65 or Sec. 66, can be made by

Affixing one of the duplicates of the summons to some conspicuous part of the house by serving officer.

According to Sec.68, When the person summoned   is in the active service of the government, the Court shall send it in duplicate

To the head of the office and he shall thereupon serve it in the manner provided under Sec. 64 and shall return it in the Court under his signature with endorsement.

Signature done by head of the office under Sec. 68 can be evidence of due service or not?

Shall be evidence of due service.

Under which Sec. service of summons on witness by post can be made?

Sec. 71

The Provisions for issue and service of warrant are provided under

Sec.72 - Sec. 83

Form of warrant of arrest and duration is provided under

Sec. 72

Warrant of arrest shall be in

• Writing

• Signed by the presiding officer of such Court and shall bear the seal of the Court.

According to Sec.72(2), the warrant of arrest shall remain in force

• Until it is cancelled by the Court which issued it, or

• Until it is executed.

Under Sec. 74, warrant of arrest shall be directed to

• One or more police officers

• When no police officer is available, to any other person or persons

Under Sec. 75, who directs a warrant for the arrest to any person

• Chief judicial Magistrate

• Magistrate first class

Under Sec. 75, for whom warrant of arrest can be made

• Escaped convict,

• Proclaimed offender or

• Any person who is accused of non bailable offence

• and is evading arrest.

Showing a warrant of arrest is made mandatory under which Sec.?

Sec. 75

Person arrested to be brought before Court without delay, such delay shall not, in any case, exceed twenty-four hours is provided under which Sec.

Sec. 78

Under Sec.79, Warrant of arrest may be executed

At any place in India.

Warrant forwarded for execution outside jurisdiction under Sec.80, may be directed to

• Executive Magistrate or,

• District superintendent of Police, or;

• Commissioner of Police

Under Sec.84 against whom Can a proclamation be issued?

Any person who is

• Absconded or

• Concealing himself So that warrant of arrest cannot be executed.

Proclamation shall be published under Sec. 84 as

a. Publicly read

b. Affixed to some conspicuous part of the house or homestead

c. Affixed to some conspicuous part of the Court-house

d. Publishing in a daily newspaper.

When requirements of Sec. 84 are fulfilled it

Shall be conclusive evidence.

The sine qua non for an action under Sec. 84 of the BNSS is

the Prior issuance of a warrant of arrest by the Court

A Court may, after inquiry, pronounce a person as a proclaimed offender when the person accused is punishable with imprisonment of ten years or more, imprisonment of life or with death under Bharatiya Nyaya Sanhita, 2023

Sec. 84(4)

Attachment of property of person absconding, under Sec. 85, may at any time after the issue of proclamation, order the attachment of

• Movable, or;

• Immovable property,

Attachment under Sec. 85, can be issued

Simultaneously with the issue of proclamation

If property is attached under Sec.  85, attachment shall be made by

a. By seizure; or

b. By the appointment of a receiver; or

c. By an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

d. By all or any two of such methods, as the Court thinks  fit

According to Sec. 85(4), if the property ordered to be attached is immovable land paying revenue to the State Government, shall be made through

Collector of the district

The attachment proceedings on the death of the absconding accused

Shall Abate

Is the Right of tenancy affected by an order of attachment

No

Claims and objections under Sec. 87, has to be preferred within

Six months, from the date of such attachment, by any person other than the proclaimed person.

The claim or objection is in respect of property attached under an order endorsed under sub-Sec. (2) of Sec. 85, shall be made

In the Court of the Chief Judicial Magistrate of the district in which the attachment is made

Any person whose claim or objection has been disallowed in whole or in part by an order under Sec. 87(1) may, institute a suit to establish the right which he claims in respect of the property in dispute;

Within a period of one year from the date of such order.

Under Sec.88, Release, sale and restoration of attached property can be made

If the proclaimed person appears within the time

Which Sec. of the Limitation Act, 1963 is applicable to a claim petition under Sec. 88(1) of the BNSS.

Sec. 5

A Court which is empowered to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest under Which Sec. of BNSS?

Sec. 90

Issue of warrant in place of summons by Court under Sec. 90 can be

Either in lieu of or in addition to, summons

The Supreme Court held that 'the issuance of non bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the Courts have to be extremely careful before issuing non bailable warrants. Guidelines for issuing non-bailable warrants were issued in the case of

Inder Mohan Gosami v/s State of uttaranchal

Can a Court execute a bond from a person who is present in Court, with or without sureties, for his appearance in such Court or in any other Court to which the case may be transferred for trial and under Which Sec.?

Yes, it can take under Sec. 91, (Power to take bond for appearance)

Which section of the BNSS provides for the arrest on breach of bond for appearance?

Sec. 92

Chapter VII of BNSS deals with

Processes to compel the production of things

Sec. 94 of the Bharatiya Nagrik Suraksha Sanhita 2023 deals with issue of summons to the person in whose possession or power such document or thing is believed to be, to produce such document or other thing to the

any Court or any officer in charge of a police station

An order under Sec. 94 of the BNSS cannot be issued.

To an accused

The Supreme Court excluded 'an accused' from the purview of Sec. 94 of the Bharatiya Nagrik Suraksha Sanhita 2023 in the case of

State of Gujarat v. Shyamlal

The Supreme Court held that mere production of the documents by itself does not amount to testimonial compulsion in the case of

State of Bombay v. Kathikalu

An application under Sec. 94 of the BNSS can be filed by

An accused for the production of some documents which are useful for his defence

An accused cannot pray for issue of summons to produce a document

Before the framing of charge.

Power to summon any document, parcel or thing in the custody of a postal authority under Sec. 95 is available to

• District Magistrate,

• Chief Judicial Magistrate,

• Court of Session or

• High Court

Sec. 96 of the BNSS deals with

The issuance of search warrants

A search warrant under Sec. 96 can be issued

Where--

a. any Court has reason to believe that a person to whom a summons or order under Sec. 94 or a requisition under sub- Sec. (1) of Sec. 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition,

b. such document or thing is not known to the Court to be in the possession of any person; or

c. the Court considers that the purposes of any inquiry, trial or other proceeding will be served by a general search or inspection

Form of search warrant issued under Sec.96 in the Bharatiya Nagrik Suraksha Sanhita 2023 is

Form Number-11 Schedule-2

An illegal search conducted in a case where the accused is charged with offences under the Bharatiya Nyaya Sanhita, 2023.

Does not vitiate the trial

For issuing search warrant under Sec.96 of the Bharatiya Nagrik Suraksha Sanhita 2023 is

Pendency of criminal proceedings is not necessary

Under Sec. 97, who can exercise the power to issue a warrant of search of a place suspected to contain stolen property, forged documents etc.

• District Magistrate,

• Sub Divisional Magistrate or

• Magistrate of the first class

A Magistrate can issue a warrant of search of place under Sec. 97 of the BNSS

a. If he has reason to believe that any place is used for the deposit or sale of stolen property

b. If he has reason to believe that any place is used for production of any objectionable article to which this Sec applies

Under Sec. 97, a Magistrate can issue warrant of search of place suspected to contain stolen property, forged documents etc. of the BNSS to

Police officer above the rank of constable

Under Sec. 97, objectionable articles are

a. Counterfeit coin

b. Pieces of metal made in contravention of the Coinage Act, 2011 or brought into India in contravention of any notification for the time being in force under Sec. 11 of the Customs Act, 1962

c. Counterfeit currency note and counterfeit stamps

d. forged documents;

e. false seals;

f. obscene objects referred to in section 294 of the    Bharatiya Nyaya Sanhita, 2023;

g. Instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Can a Magistrate issuing a search warrant amend the warrant once issued?

Yes

According to Sec. 98, who holds the power to declare that every copy of the issue of a newspaper and every copy of a book or other document containing any matter which is punishable under the Sec. 152, Sec.196 and 197, Sec.294, 295 and 299 of BNS, to be FORFEITED.

State Government

Under Sec. 99, an application to set aside the declaration of forfeiture shall be filed before the

High Court

Under Sec. 99 (1), an application to set aside the declaration of forfeiture shall be filed before the High Court

Within two months from the date of publication of such declaration in the official gazette

Under Sec. 99(2), an application to set aside the declaration of forfeiture shall be heard by a

Bench of three or more judges of the High Court

Sec.100 of the BNSS deals with the

Search for persons wrongfully confined

Sec. 100 of BNSS also known as

Habeas Corpus

Who can issue a search warrant for the search of persons wrongfully confined under Sec.100?

• District Magistrate,

• Sub-divisional Magistrate or

• Magistrate of the first class.

Sec. 101 gives the power to issue search warrant for the restoration of

a.  Abducted woman

b. Unlawfully detained woman

c. A female child for any unlawful purpose

A Magistrate can issue a warrant under Sec. 101 of the BNSS to compel compliance with such order, using such force

As may be necessary

Whenever any place liable to search or inspection is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant and on production of the warrant, allow him free ingress thereto and afford all reasonable facilities for a search therein. This is the mandate of

Sec.103(1) of the Bharatiya Nagrik Suraksha Sanhita 2023

Under Sec. 103(4), the officer or other person, before making a search shall call upon

• two or more independent and

• respectable inhabitants of the locality

Search conducted without complying with Sec. 103 of the BNSS is

illegal

According to Sec.106, the police officer conducting the seizure shall give report of the seizure and the custody of the seized articles to the

Magistrate

According to Sec.106(3), the police officer conducting the seizure can give custody of the seized articles before the Court to give effect to the further orders of the Court as to the disposal of the same if

• Where the property seized cannot be conveniently transported to the Court, or

• Where there is difficulty in Securing proper accommodation for the custody of such property, or

• Where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation.

Under Sec. 106(1), where the property seized is subject to

a.  speedy and natural decay

b. Person entitled to the possession of such property, unknown or absent

c. Value of such property is less than five hundred rupees.

Property which can be seized under Sec.106 is

Both Movable property and Immovable property

'The Passport Act being a specific Act whereas Sec. 109 of BNSS is a general provision for impounding any document or thing, it shall prevail over that Sec. in the BNSS as regards the passport. Thus, by necessary implication, the power of Court to impound any document or thing produced before it would exclude passport' The Supreme Court held this in the case of

Suresh Nunda v CBI

Chapter IX of BNSS deals with

Security for keeping Peace and for Good Behaviour

The Supreme Court upheld the constitutional validity of Chapter IX of the BNSS in the case of

Prakash Singh v Union of India

The Court can take Security for keeping the peace on conviction as provided under Sec. 125 of the BNSS if the conviction is for

a. any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193 or section  196 or section 197 thereof;

b. any offence which consists of, or includes, assault or using criminal force or committing mischief;

c. any offence of criminal intimidation;

d. any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

The power to take Security for keeping the peace on conviction as provided under Sec. 125 of the Bharatiya Nagrik Suraksha Sanhita 2023 is vested with the

• Court of Sessions or Court of a Magistrate of the first class,

• Appellate Court and

• Revisional Court

The maximum period for which a bond for keeping the peace on conviction as provided under Sec. 125 can be taken from the accused is

not exceeding three years

Bond for keeping the peace in other cases as provided under Sec. 126 shall be taken by

Executive Magistrate

The maximum period for which a bond for keeping the peace as provided under Sec. 126 can be taken from the accused is

One year

Sec.127 of the BNSS deals with

Security for good behaviour from persons disseminating certain matters.

Security under Sec. 127 shall be taken by

Executive Magistrate

The maximum period of the bond for good behaviour from persons disseminating seditious matters under Sec. 127 is

One year

Sec. 128 of BNSS deals with

Security for good behavior from suspected persons

Security under Sec. 128 shall be taken by

Executive Magistrate

The maximum period of the bond for good behaviour from suspected persons as provided under Sec. 128 of BNSS is

One year

In order to attract Sec. 128, there is reason to believe that the person taking precautions to conceal his presence with a view to commit any

Cognizable offence

Sec. 129 of the BNSS deals with

Security for Good Behaviour from Habitual Offenders

Security under Sec. 129 shall be taken by

Executive Magistrate

The maximum period of the bond for good behaviour from suspected persons as provided under Sec. 129 of BNSS is

Three years

The persons who are covered under Sec. 129 of the BNSS are a person who is by habit

a. a robber, house breaker, thief, or forger

b. a receiver of stolen property knowing the same to have been stolen

c. a person who habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property.

d.  habitually commits, or attempts to commit, or abets the commission of,  the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or

e. habitually commits, or attempts to commit, or abets the commission of offences, involving a breach of the peace; or

f.  habitually commits, or attempts to commit, or abets the commission —

(i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940; (b) the Foreigners Act, 1946; (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952; (d) the Essential Commodities Act, 1955; (e) the Protection of Civil Rights Act, 1955; (f) the Customs Act, 1962; (g) the Food Safety and Standards Act, 2006

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or

The inquiry under Sec. 135 of the BNSS shall be completed

Within 6 months from the date of its commencement

According to Sec. 135, for the purpose of inquiry the fact that a person is an habitual offender or is so desperate and dangerous may be proved by evidence of

General repute or otherwise.

According to Sec. 138, the commencement of period for which Security is required under Sec. 125 or Sec. 136, shall commence on the

Expiration of such sentence.

According to Sec. 141(7), the imprisonment for failure to give Security for keeping the peace shall be

Simple

According to Sec. 141(8), the imprisonment for failure to give Security for good behavior where the proceedings have been under taken under Sec. 127 be

Simple

According to Sec. 141(8), the imprisonment for failure to give Security for good behavior where the proceedings have been under taken under Sec. 128 or Sec. 129 be

Rigorous or Simple, as the Court or Magistrate in each case directs.

Chapter X of BNSS deals with

Order for maintenance of wives, children and parents

Sec. 144 of BNSS deals with

Order for maintenance of wives, children and parents

Who are the persons entitled to get maintenance as per the provisions of Sec. 144?

a. His, Wife, unable to maintain itself, or

b. His, Legitimate or illegitimate child, whether married or not, unable to maintain itself, or

c.  His, Legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or

d. His father or mother, unable to maintain himself or herself.

Is married daughter entitled to maintenance under Sec. 144 of the BNSS

No

Which Magistrate is empowered to order maintenance under Sec. 144 of the BNSS

Judicial Magistrate of the First Class

Maximum amount which can be ordered by a Magistrate as monthly allowance under Sec. 144 of the BNSS

No maximum amount

An application for the monthly allowance for the interim maintenance and expenses of proceeding shall, as far as possible, be disposed of within

60 days from the date of the service of notice of the application to such person

For the purpose of Sec. 144 of the BNSS 'wife' does not include a Women has obtained

Divorce from her husband and Remarried

The expression 'wife' under Sec. 144 of the BNSS means

Legally wedded wife only.

If any person so ordered to pay maintenance remaining unpaid after the execution of the warrant, may be sentenced to imprisonment for a term which may extend to

One month or until payment if sooner made

No warrant shall be issued for the recovery of any amount due under maintenance unless application be made to the Court to levy such amount within a period of

1 year from the date on which it became due

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under the Sec. 144 of the Bharatiya Nagrik Surksha Sanhita if

• She is living in adultery, or,

• Without any sufficient reason, she refuses to live with her husband, or,

• If they are living separately by mutual consent.

The proceedings under Sec. 144 of the BNSS

Is Civil in nature

The words, 'unable to maintain herself would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after the desertion to survive somehow. This observation of the supreme Court explaining the words 'unable to maintain herself’ was made in the case of

Rajathi v. Ganesan

If the wife was pregnant at the time of divorce, the child born later is

Entitled to maintenance

Sec. 145 of BNSS provides for

Procedure for proceedings under Sec. 144 of BNSS.

Under Sec. 145, proceedings under Sec. 144 may be taken against “any person”, “any district” where

• He is, or

• He or his wife resides, or

• He last resided with his wife or with the mother of the illegitimate child.

• where his father or mother resides.

According to Sec.145, all evidence shall be recorded in the manner prescribed for

Summons case.

If any Magistrate is satisfied that the person against whom order for payment of maintenance has been passed is willfully avoiding service or willfully neglecting to attend the Court, the Magistrate may proceed

To hear and determine the case ex parte

According to Sec. 145, if any ex parte order has been made against any person who is willfully avoiding the service or willfully neglecting to attend the Court, may be set aside for good cause shown on an application

Within three months from the date to the party.

According to Sec. 146, where it appears to the Magistrate that, in consequence of any decision of a competent civil Court, any order made under Sec.144 should be cancelled or varied

He shall cancel the order or, vary the same.

Sec. 147 of BNSS deals with

Enforcement of order of maintenance

Chapter XI of BNSS provides for

Maintenance of public order and tranquility

Dispersal of assembly by use of civil force can   be ordered under

Sec. 148

Under Sec.148, dispersal of unlawful assembly or any assembly of five or more persons who are likely to disturb the public peace by use of civil force, can be order by

• Any Executive Magistrate or

• Officer in charge of Police Station or

Assistance of any male person who is not an officer or member of armed forces for arresting and confining persons, can be required for dispersal of unlawful assembly or any assembly of five or more persons who are likely to disturb the public peace can be obtained under which Sec.?

Sec. 148

Use of armed forces to disperse of unlawful assembly or any assembly of five or more persons who are likely to disturb the public peace under

Sec. 149

In obedience to any orders made under Sec. 148, 149, 150, Any Executive Magistrate or Police Officer or officer of armed forces or member of armed forces according to Sec. 151, shall be deemed to have committed in good faith

No Offence

Sec. 152 of the BNSS deals with

Conditional order for removal of nuisance.

Which Magistrate can grant conditional order for removal of nuisance under Sec. 152 of the BNSS

• District Magistrate or

• Sub Divisional Magistrate or

• Any other Executive Magistrate

An order passed under Sec.152 of the BNSS is an interlocutory order and hence

Not revisable

According to Sec. 157, when a person against whom an order under Sec. 152 of BNSS is issued appears before the Magistrate to show cause, the Magistrate shall take evidence in the matter as in a

Summons case

An injunction under Sec. 161 of the BNSS can be issued only pending an enquiry pursuant to the conditional order issued under

Sec. 152

According to Sec. 163, Power to issue order in urgent cases of nuisance or apprehended danger has been conferred upon

• District Magistrate or

• Sub Divisional Magistrate or

• Any other Executive Magistrate specially empowered by the State Government in this behalf.

An order under Sec. 163 of the BNSS may be passed

Ex-parte

An order under Sec. 163 of the BNSS shall remain in force for not more than

Two months from the making thereof.

An order under Sec. 163 of the BNSS is

Absolute

Constitutional validity of Sec. 163 of the BNSS was upheld by the Constitution Bench of the Supreme Court for the first time in the case of

Babulal Parate v. State of Maharashtra

The Supreme Court held that Chapter XI including Sec. 163 of the BNSS is not violative of Article 19 of the Constitution of India in the case of

Madhu Limaye v. SDM

An order passed under Sec. 163 of the BNSS is a

Revisable order.

Sec. 164 deals with

Procedure where dispute concerning land or water is likely to cause breach of peace

Under Sec. 164, who is empowered to order where dispute concerning land or water is likely to cause breach of peace.

Executive Magistrate

Where dispute concerning land or water is likely to cause breach of peace, an Executive Magistrate may order the parties to attend the Court if he is satisfied from

• A report of a Police Officer or

• Upon other information

Under Sec. 164, If any party so required to attend, or any other person interested, show that no such dispute exists or has existed; and in such case the Magistrate shall

Cancel the order, and all further proceedings thereon shall be stayed

According to Sec. 164(5), if the order under Sec. 164 (1) is not cancelled then the order of the Magistrate shall be

Final

Power to attach subject of dispute and to appoint receiver is provided under

Sec. 165

A Magistrate under Sec. 165 can appoint a receiver for the possession of the subject of dispute when he consider the case to be

•  One of emergency, or

• If he decides that none of the parties was then in such possession as is referred to in Sec. 164, or

• If he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute

Chapter XII of the BNSS deals with

Preventive action of police

The Supreme Court upheld the constitutional validity of Sec. 170 of the BNSS. in

Ahmed Noor Mohammed v. State

Chapters XIII of the BNSS deals with

Information to police and their powers to investigate.

Information to the police and their powers to investigate is provided under

Sec. 173

Concept of FIR emerges from which Sec.

Sec. 173

Information under Sec. 173 relates to which offence

Cognizable offence

Information under Sec. 173 can be given

Orally or in Writing

Whether the informant under Sec. 173 needs to sign the information given by him?

Yes

Where the information under Sec. 173 has been given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded by

By a woman police officer or any woman officer

Proviso to the Sec. 173 (1) says when the offence has been committed or attempted to have been committed against a woman who is permanently mentally or physically disabled, then such information shall be recorded by the police officer

• At the residence of the person seeking to report, or;

• At a convenient place of such person’s choice

The police officer shall get the statement of informant, under Sec. 173, recorded by a Magistrate under

clause (a) of sub-section (6) of section 183.

Copy of information given under Sec. 173 shall be given to the informant

Free of cost.

If any police officer refused to record the information given under Sec. 173 what is the remedy available to him?

He may send the substance of information, in writing and by post to the Superintendent of Police

If any police officer refused to record the information given under Sec.173 he may send the substance of information, in writing and by post to the Superintendent of Police, who shall

Either

• Investigate the case himself or

• Direct an investigation to be made by any police officer subordinate to him

The Supreme Court has recently laid down that registration of FIR in cognizable offences is mandatory in the case of?

Lalita Kumari v. Government of UP, AIR2014

FIR is

Not a substantive piece of evidence.

FIR can be

Used to contradict or corroborate the matter.

Primary object of FIR is

To set the criminal law in motion

Mere delay in lodging the FIR is not necessarily fatal to the case of the Prosecution. Whether the FIR has been lodged belatedly or not is always a

Question of Fact

Information as to non-cognizable cases and investigation of such  cases  is  provided Under

Sec. 174

After recording of information under Sec. 174 police officer shall

Refer the informant to the Magistrate

Can a police officer investigate a non-cognizable case without the order of Magistrate?

No

The Supreme Court upheld the constitutional validity of Sec. 174 of the BNSS in

Ahmed Noor Mohammed v. State

Can a police officer arrest any person Without the order of the Court or Magistrate in a non-cognizable case?

No

Where a case relates to two or more offences of which at least one is cognizable and the other is non-cognizable, the case shall be

Deemed to be a Cognizable case

Under which section a police officer has a power to investigate a cognizable case

175

 Can a police officer        investigate any cognizable case without the order of a Magistrate?

Yes.

Can a proceeding done by a police officer under Sec. 175 be called in question on the ground that he was not empowered to investigate under Sec. 175

No

Under Sec. 175(3) Magistrate empowered under which              section can order investigation?

Sec. 210

The Supreme Court held that under Sec. 175(3) of the BNSS a Magistrate cannot only direct investigation by the police but also has the power to direct registration of a case in the case of

Suresh Chand Jain v. State of M.P.

The Supreme Court held that the 'complaint'—as soon as an order under Sec. 175(3) is passed thereon - transforms itself to a report given in writing within the meaning of Sec. 173 of the sanhita, which is known as the First Information Report (FIR) in the case of

Madhubala v. Suresh Kumar

For ordering an investigation under Sec. 175(3) of the Bharatiya Nagrik Suraksha Sanhita 2023 the Magistrate

Need not examine the complainant on oath

Procedure for investigation has been provided under which Sec.?

Sec. 176

Under Sec. 176 to whom the police officer will send the report?

To Magistrate

Where the case is not of a serious nature, the officer in charge of a police station under Sec. 176

Need not

• proceed in person or

• Depute a subordinate officer to make an investigation on the spot.

Where the case does not have a sufficient ground for entering on an investigation, the officer in charge of a police station under Sec. 176

Shall not investigate the case.

Where the offence of rape has been committed, the statement of the victim shall be

• At the residence of the victim, or;

• Place of her choice

By a Woman Police Officer in presence of

• her Parents;

• Guardian;

• Near relative;

• Social worker of the locality

• Women or

• Male under the age of 15 years or above the age of sixty years,

are not required to attend the police station for interrogation as provided under

Sec. 179

A woman was arrested in connection with a murder case. The police cannot question her in the police station. It is violation of

Sec. 179(1)

The word 'any person’ in Sec. 179(1) of the Bharatiya Nagrik Suraksha Sanhita 2023 include

The accused

The supreme Court held that the words “any person” in Sec. 179(1) of the BNSS include 'the accused" in the case of

Nandini Sathpathy v. P. L. Dani, AIR 1978

A statement made during investigation under Sec. 180(3) of the BNSS can be recorded

• In writing only

• By audio-video electronic means

A person whose statement is not recorded under Sec. 180 of the BNSS.

Can be examined as a witness

The statement recorded under Sec.180 of the BNSS is a

Public document

The right to remain silent available to an accused during his interrogation by police under Sec. 180 of the BNSS but only regarding

Incriminating questions

If an investigating officer mistakenly obtains the signature of the accused in the search memo, the entire proceedings are

Not vitiated

The statements recorded under Sec.180 of the BNSS.

Cannot be used to corroborate the evidence of Prosecution witnesses.

Any part of a statement recorded under Sec.180 of the Bharatiya Nagrik Suraksha Sanhita 2023 used in the cross-examination may also be used

• In the re-examination of such witness, or

• For the purpose of explaining any matter referred to in his cross examination

The bar contained in Sec. 181 of the Bharatiya Nagrik Suraksha Sanhita 2023 is not applicable to

the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or

to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.

An omission to state a fact or circumstance in the statement referred to in sub-sec. (1) of Sec. 181 of BNSS., may amount to contradiction

If the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs

The constitution bench of the Supreme Court held that Sec.181 is intended to protect the accused against the user of statements of witnesses made before the police during investigation, at the trial presumably on the assumption that the said statements were not made under circumstances inspiring confidence' in the case of

Tahasildar Singh v State of U

In a case where the witness turned hostile to the Prosecution his statement under Sec. 181 BNSS can be used by the Prosecution

Only with the permission of the Court

An additional statement by the first informant after registering the FIR is hit by

Sec. 181

A statement of a witness in the inquest report is hit by

Sec. 181

Sec. 181 of the BNSS mandates that

The statements to police not to be signed

Sec. 183 of the BNSS deals with the

Recording of a confession and statements.

A confession made under Sec. 183 of the BNSS shall be

Signed by the person making the confession.

Statements under Sec. 183(5) of the BNSS can be

Recorded after administering oath

Before recording a confession under Sec. 183

Administration of oath to the accused   is Prohibited.

Who are empowered under Sec. 183 to record confessions and statements?

Any Magistrate of the District.

Is it necessary that the Magistrate empowered under Sec. 183 does have a jurisdiction in the case  to  record  the confession or statement?

No,

whether or not he has jurisdiction in the case can record a confession or statement.

Confessions or Statements under Sec. 183 of the BNSS can be recorded by the Magistrate

In the course of investigation but before the commencement of inquiry or trial

Can a Magistrate empowered under Sec. 183 record the confession or statement by audio-video electronic means?

Yes, in the presence of the advocate of the person accused of an offence (Sec. 183 proviso)

Can a confession be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

No. (Sec. 183 Proviso)

Under Sec.183 The Magistrate shall, before recording any confession has to ensure that

It is being made Voluntarily and has to explain him

• that he is not bound to make a confession and

• that, if he does so, it may be used as evidence against him

If a person appearing before the Magistrate states that he is not willing to make the confession, then according to Sec.183

the Magistrate shall not authorise the detention of such person in police custody.

Is the confession made by the person under Sec. 183 required to be signed by him?

Yes. 183 (4)

Any confession shall be recorded in the manner provided in

Sec. 316

Memorandum which is prepared by the Magistrate under Sec. 183, is required to be signed by him or not?

Yes, it is required to be signed.

A confession of guilt is among the most effectual proof in law

If it is voluntary, clearly proved and deliberate.

Whether the Magistrate shall have power to   administer              oath      to the person whose statement is so recorded under Sec. 183?

Yes.

Where the offence has been committed against a woman which is punishable according to the BNS 2023, the Magistrate shall record the statement of the person against whom such offence has been committed

As soon as the commission of the offence is brought to the notice of the police

A statement recorded under Sec. 183 where the offence has been committed against a woman who is temporarily or permanently mentally or physically disabled

Shall be Considered a statement in lieu of examination-in chief, as specified in Sec.142 of the Bharatiya Sakshya Adhiniyam, 2023

if any Court before which a confession or other statement of an accused person is recorded, or purporting it to be recorded under Sec.183 or Sec.316, in evidence finds its non-compliance, can the statement recorded by the Magistrate be admitted and under which Sec.?

Under Sec. 509, If it is satisfied that such non- compliance has not injured the accused in his defence, admit such statement.

If after the warning, the recording of confession is postponed to another day or if the recording continues on another day, a fresh warning is necessary before a confession or part of a confession is recorded on the other day. This was held in which case?

Karunthambi, Re, AIR 1950 Mad 579;

PuniaMallah v. Emperor, AIR 1946 Pat 169

The medical examination of the victim of rape is provided under

Sec. 184

The medical examination of the victim of rape as provided under Sec.184 is to be

with the consent of such woman or of a person competent to give such consent on her behalf

The medical examination of the victim of rape as provided under Sec.184 is to be done

within TWENTY-FOUR HOURS from the time of receiving the information relating to the commission of such offence.

Sec. 185 of the Bharatiya Nagrik Suraksha Sanhita 2023 deals with

Search by police officer.

Whenever an officer in charge of a police station or a police officer making investigation has Reasonable grounds for believing that it is necessary for the purpose of the investigation may conduct search is provided under which Sec.?

Sec. 185

The pre-conditions for a search under Sec. 185 of the BNSS are

Obtaining a warrant from the Magistrate having jurisdiction Recording in writing the grounds of his belief.

Any part of a statement recorded under Sec. 180 of the Bharatiya Nagrik Suraksha Sanhita 2023 used in the cross-examination may also be used

• In the re-examination of such witness, or

• For the purpose of explaining any matter referred to in his cross examination

Sec. 112 provides what?

Letter of request to competent authority for investigation in a country or place outside India.

Sec. 113 provides what?

Letters of request from a country or place outside India to a Court an authority for investigation in India.

Procedure when investigation cannot be completed in twenty-four hours is provided Under

Sec. 187

The police officer who is empowered for investigation under Sec. 187 must be

Not below the rank of sub-inspector

The copy of the entries in the diary shall be transmitted by the police officer under Sec. 187 to the

Nearest  Magistrate

Is it necessary that the Magistrate to whom an accused person is forwarded under Sec. 187 to authorize the detention of the accused in such custody has jurisdiction for this?

No

For how many days can a Magistrate under 187

authorize the detention of the accused in such custody

Fifteen days in total

The Magistrate may authorize the detention of the accused person, beyond the period of FIFTEEN DAYS, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody for a total period exceeding where the investigation relates to an offence punishable with

• DEATH,

• IMPRISONMENT FOR LIFE or

Imprisonment for a term of NOT LESS THAN TEN YEARS; to,

Ninety days

The Magistrate may authorize the detention of the accused person, beyond the period of FIFTEEN DAYS, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody for a total period exceeding where the investigation relates to any other offence, to

Sixty days

If the investigation on the expiry of the said period of ninety days, or sixty days, as the case may be, is not completed, the accused Person

SHALL BE RELEASED ON BAIL if he is prepared to and does furnish bail

 Can a magistrate of the second class authorize the detention in the Custody of the police under Sec. 187

No

 Where in case of woman under age of eighteen years of age the detention shall be authorized under Sec. 187 to be

In the custody of

• a remand home or

• recognized social institution

 Where a Magistrate is not available, case is transmitted to

The nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred

 The Executive Magistrate for reasons to be recorded in writing, authorise the detention of the accused person in such custody under Sec. 187 for a term

Not exceeding seven days in the aggregate

 On the expiry of the period of detention so authorized by the Executive Magistrate under Sec. 187 (6), the accused person shall be

Released on bail

If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was Arrested,

The Magistrate shall make an order stopping further investigation into the offence under Sec. 187(9)

Where any order stopping further investigation into an offence has been made under Sub Sec. (9) of Sec. 187, who is empowered to direct further investigation and vacate the order made under sub-Sec. (9)

The Sessions Judge

Release of accused when evidence deficient is provided under which Sec.?

Sec. 189

When the person is in custody of the police and the evidence is deficient, the officer in charge of police station shall

Release him on his executing a bond and may direct him to appear before a Magistrate empowered to take cognizance or commit him for trial

 Diary mentioned under Sec.192 is also  known  as

Case diary or Police Diary

Every police officer making an investigation has to enter his proceeding in the investigation in a diary, under Sec. 192. He shall enter it

Day by day

Diary of proceeding in investigation is provided under

Sec. 192

According to Sec.192(2), the statements of witnesses recorded during the course of the investigation under Sec. 180 shall

be inserted in the case diary.

Any Criminal Court may use the diary mentioned under Sec. 192

to aid it in such inquiry or trial but not as evidence in the case

The case diary mentioned under Sec.192 can be used by accused or his agent?

No, neither the accused nor his agents shall be entitled to call for such diaries

Can the case diary mentioned under Sec. 192 be used by police officer or by the Court for the purpose of contradicting such police officer?

Yes

• if they are used by the police officer who made them to refresh his memory, or

• of the Court uses them for the purpose of contradicting such police officer,

the provisions of Sec. 148 or Sec. 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023 shall apply.

The constitutional validity of Sec. 192(5) of the BNSS was upheld by the Supreme Court in the case of

Mukund Lal v Union of India.

Report of police officer on completion of investigation is provided under

Sec. 193

The investigation in relation of rape of a child  may be completed within how many months?

TWO MONTHS, from the date on which the information was recorded by the officer in charge of the police station.

When can a police officer request that the report under Sec.193 should not be disclosed to the accused?

If the police officer is of opinion that any part of any such statement is

• Not relevant to the subject-matter of the proceeding or

• That its disclosure to the accused is not essential in the interests of justice and

• Is inexpedient in the public interest

Can further investigation be ordered under Sec. 193?

Yes, under Sec. 193(9), if officer in charge of the police station obtains further evidence, oral or documentary

 Police to inquire and report on suicide is provided under

Sec. 194

When the officer in charge of police station receives information that a person

• has committed suicide, or

• has been killed by another or by an animal or

• by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence

 he shall

Immediately give intimation thereof to the NEAREST EXECUTIVE MAGISTRATE empowered to hold inquests

The police officer in charge under Sec. 194 shall proceed to the place where the body of such deceased person is

In the presence of TWO OR MORE RESPECTABLE inhabitants of the neighborhood

 The police officer under Sec.194 shall draw a report upon

Apparent cause of death.

Where case relates to a death or suicide of a woman within seven years of her marriage, the police officer shall under Sec.194

Forward the body, with a view to its being examined, to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government.

Who are the Magistrates empowered to hold inquests under Sec. 194

• DISTRICT MAGISTRATE or

• SUB-DIVISIONAL MAGISTRATE and

Any other EXECUTIVE MAGISTRATE SPECIALLY EMPOWERED in this behalf by the State Government or the District Magistrate

According to Sec. 195, a police officer proceeding under Sec. 194 may, by order in writing, summon how many persons for the purpose of the investigation

Two or more persons and any other person who appears to be acquainted with the facts of the case.

According to Sec. 196(2), Where any person dies or disappears or rape is alleged to have been committed on any woman while such person or woman is in the custody of the police or custody authorized by the Magistrates or Court, the inquiry shall be held by

Magistrate

Under Sec. 196, the word “relative” means

Parents, children brothers, sisters and spouse

Chapter XIV of BNSS relates to

Jurisdiction Of The Criminal Courts In Inquiries And Trials.

According to Sec. 197, Every offence shall ordinarily be inquired into and tried by a Court

Within whose local jurisdiction it was committed

Provisions as to place of inquiry or trial is provided under

Sec. 198

According to the provisions of Sec. 199, When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction

• Such thing has been done or

• Such consequence has ensued

According to the provisions of Sec. 201, Any offence

• of dacoity,

• of dacoity with murder,

• of belonging to a gang of dacoits, or

• of escaping from custody

may be inquired into or tried by a Court within whose local jurisdiction.

• The offence was committed or

• The accused person is found

According to the provisions of Sec. 201(2), Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction

• The person was kidnapped or abducted or

• Was conveyed or

• Concealed or

• Detained

According to the provisions of Sec. 201(3), Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction

The offence was committed or

The stolen property which is the subject of the offence was possessed

According to the provisions of Sec.201 (4), Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction inquired into or tried by a Court within whose local jurisdiction

• The offence was committed or

• Retained, or

• Was required to be returned or accounted for, by the accused person

According to the provisions of Sec. 202, Any offence which includes cheating may, if the deception is practiced by means of electronic communication or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction

Such letters or messages were sent or were received

According to the provisions of Sec.202 (1), any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property

• Was delivered by the person deceived or

• Was received by the accused person

According to the provisions of Sec.202 (2), any offence punishable under Sec. 82 of the Bharatiya Nyaya Sanhita 2023 may be inquired into or tried by a Court within whose local jurisdiction

• The offence was committed or

• The offender last resided with his or her spouse by the first marriage, or

• The wife by first marriage has taken up permanent residence after the commission of offence

According to the provisions of Sec. 203, when an offence is committed in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction

That person or thing passed in the course of that journey or voyage

Under the provisions of Sec. 204, where the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of Sec. 242, Sec. 243 or Sec.244, the offences may be inquired into or tried by

Any Court competent to inquire into or try any of the offences

Under the provisions of Sec. 204, where the offences committed by several persons are such that they may be charged with, and tried together by virtue of the provisions of Sec.246, the offences may be inquired into or tried by

Any Court competent to inquire into or try any of the offences

According to Sec. 206, Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided

If the Courts are subordinate to the same High Court, by that High Court;

According to Sec. 206, Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided

If the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced

According to the provisions of Sec. 208, When an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere; or by a person, not being such citizen, on any ship or aircraft registered in India

He may be dealt with as if it had been committed at any place within India at which he may be found

 The proviso to Sec. 208 provides that, no offence shall be inquired into or tried in India

Except with the previous permission of the Central Government

Chapter XV of BNSS deals with

Conditions Requisite For Initiation of Proceedings

Cognizance of offences by Magistrates is provided under

Sec. 210

Who are the Magistrates empowered under Sec.210 to take cognizance?

• Judicial Magistrate First Class

How a Magistrate empowered under Sec. 210 can take cognizance of offences?

a. Upon receiving a complaint of facts which constitute such offence;

b. Upon a police report of such facts;

c.     Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed

Making over of cases to Magistrates is provided under

Sec. 212

Who can make over the case under Sec. 212(1), for the inquiry or trial to any competent Magistrate subordinate to him?

Any Chief Judicial Magistrate

Any Magistrate of the First Class

Cognizance of offences by Court of Sessions is provided under

Sec. 213

No Court of Session shall take cognizance of any offence as a Court of original jurisdiction

Unless the case has been committed to it by a Magistrate under this sanhita.

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence is provided under

Sec. 215

Which section provides procedure for witnesses to file complaint in case of threatening under section 232 of the Bharatiya Nyaya Sanhita, 2023.

Sec. 216

Where any offence punishable under Chapter VII or under Sec. 196, Sec. 299 or Sub Sec. (1) of Sec. 353 of the Bharatiya Nyaya Sanhita 2023, or a criminal conspiracy to commit such offence, or any such abetment, as is described in Sec.47 of the Bharatiya Nyaya Sanhita 2023, no Court shall take cognizance

Except with the PREVIOUS SANCTION OF THE CENTRAL GOVERNMENT OR OF THE STATE GOVERNMENT

No Court shall take cognizance of the offence of any criminal conspiracy punishable under Sec. 61(2) of the Bharatiya Nyaya Sanhita 2023, other than a criminal conspiracy to commit an offence punishable with

•  death,

•  imprisonment for life or

rigorous imprisonment for a term of two years or upwards

Unless the State Government or the District Magistrate has consented in writing to the initiation of the proceeding

 As per Sec. 217, where the criminal conspiracy is   one to which the provisions of Sec. 215 apply

No such consent shall be necessary

The provision for the Prosecution of Judges and public servants is provided under

Sec. 218

The  provision  for  the Prosecution  for offences against marriage is provided under

Sec. 219

According to Sec. 219, no Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023

Except upon a complaint made by some person aggrieved by the offence

 Where such person

• is a child, or

• is of unsound mind or

• is having intellectual disability requiring higher support needs, or

• is from sickness or infirmity unable to make a complaint,

•  a woman who according to the local customs and manners, ought not to be compelled to appear in public

who can make complaint on her behalf?

Some other person may, with the leave of the Court, make a complaint on his or her behalf.

According to Sec.220 where the person aggrieved by an offence punishable under Sec. 85 of the Bharatiya Nyaya Sanhita, is the wife, complaint may be made on her behalf by her

• Father,

• Mother,

• Brother,

• Sister,

• By her father's or mother's, brother or sister,

• With the leave of the Court,

by any other person related to her by BLOOD, MARRIAGE OR ADOPTION

No person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Sec.84 of Bharatiya Nyaya Sanhita, this is provided under

Sec. 219 (2)

No Court shall take cognizance of an offence under Sec. 64 of the Bharatiya Nyaya Sanhita where such offence consists of sexual inter-course by a man with his own wife, if more than one year has elapsed from the date of the commission of the offence. If the age of wife is

Under eighteen years of age, [Sec. 219(6)]

Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.

Sec. 220

Court cannot take cognizance of offence under Sec. 85 of the Bharatiya Nyaya Sanhita, 2023

Except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption

No Court shall take cognizance of an offence punishable under Sec.67 of the Bharatiya Nyaya Sanhita WHERE THE PERSONS ARE IN A MARITAL RELATIONSHIP

Except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband

Provision for the Prosecution for defamation is provided under

Sec. 222

According to section 222(2) - Which Court may take cognizance when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is

• the President of India,

• the Vice-President of India,

• the Governor of a State,

• the Administrator of a Union territory or

• a Minister of the Union or of a State or of a Union territory, or

any other public servant

A Court of Session may take cognizance of such offence, without the case being committed to it

Upon whose complaint a Court of Session may take cognizance of an offence under Sec. 222(2)

Upon a complaint in writing made by the Public Prosecutor

No complaint under Sub-Sec. (4) of Sec. 222 shall be made by the Public Prosecutor

Except with the previous sanction of the State Government or Central Government as the case may be

No Court of Session shall take cognizance of an offence under sub-Sec. (2) of Sec. 222, unless the complaint is made

Within six months from the date on which the offence is alleged to have been committed

Chapter XVI relates to

Complaints to Magistrates

Examination of complainant and witnesses present by Magistrate is provided under

Sec. 223

A Magistrate taking cognizance of offence upon complaint shall examine the complainant and the witnesses present upon

Upon Oath

After examination of complainant and the witnesses under Sec. 223, the substance reduced in writing shall be

Signed by the

• Complainant,

• Witnesses, and also

By the Magistrate

The provision of Pre-summoning evidence is provided under

Sec. 223

When the complaint is made in writing by a

PUBLIC SERVANT acting or purporting to act in the discharge of his official duties

The Magistrate need not examine the complainant and the witnesses

When the complaint, in writing, is made by COURT

The Magistrate need not examine the complainant and the witnesses

When the complaint is made in writing and the Magistrate has made over the case for inquiry or trial to another Magistrate under Sec. 212,

then according to Sec. 223

The Magistrate need not examine the complainant and the witnesses

If a case has been make over to another Magistrate under Sec. 212 after examining the complainant and the witnesses, does the latter Magistrate need  to re-examine them?

  No.

Return it for presentation to the proper Court with an  endorsement to that effect.

If the complaint is not in writing and if it is made to a Magistrate who is not competent to take cognizance of the offence, he shall according to the provisions of Sec. 224

Direct the complainant to the proper Court

The provisions for the postponement of issue of process is provided under

Sec. 225

Under what circumstance a Magistrate can postpone the issue of process against the accused

Where the accused is residing at a place beyond the area in which he exercises his jurisdiction

Where the accused is residing at a place beyond the area in which he exercises his jurisdiction, a Magistrate under Sec. 225 shall postpone the issue of process and

• Either inquire into the case himself or

• Direct an investigation to be made by a police officer or by such other person as he thinks fit,

For the purpose of deciding whether or not there is sufficient ground for proceeding

Where it appears to the Magistrate under Sec. 225, that the offence complained of is triable exclusively by the Court of Sessions

No direction for investigation shall be made by the Magistrate for the purpose of deciding whether or not there is sufficient ground for proceeding

Where the complaint has not been made by a Court, there is no need for direction of investigation Sec.225 by the Magistrate, unless

The complainant and the witnesses present (if any) have been examined on oath under Sec. 223.

Can in the inquiry under Sec.225(1) a Magistrate is he thinks fit, take evidence of witness on oath?

Yes.

If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, then under Sec. 225 (2)

He shall call upon the complainant to produce all his witnesses and examine them on oath.

If an investigation under sub-Sec. (1) is made by a person not being a police officer he shall have for that investigation all the powers conferred by this sanhita on an officer in charge of a police station except

The power to arrest without warrant.

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under Sec. 225 the Magistrate is of opinion that there is no sufficient ground for proceeding

He shall dismiss the complaint, And he shall briefly record his reasons for so doing under Sec. 226

If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, he can issue

No summons or warrants can be issued under Sec. 227until

When can a complaint be dismissed under Sec. 227?

Under which Section a Magistrate may Dispense with personal attendance of accused

  Sec. 228

When personal attendance of the accused is Dismissed

The Magistrate may permit him to appear by his advocate.

Under Sec229, If in the opinion of a Magistrate  taking  cognizance  of  a  petty Offence

The case may be summarily disposed of under Sec. 283 or Sec. 284

In case of petty offence can the personal attendance of the accused be dispensed with while he pleads guilty for the offence charged?

Yes. Under Sec. 229(1)

• by post, or

• by messenger to the Magistrate, or

• through his advocate

with the said plea in writing and the amount of fine specified in the summons and shall not exceed five thousand rupees.

The amount of fine specified in petty  offences shall not exceed

five thousand rupees. 

Under Sec. 230, Where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused the copy of the Police Report, FIR, statements recorded under  180 (3), statements and confessions recorded under Sec. 183, any other document

Free of cost

Under Sec. 231, Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under Sec. 227 that the offence is triable exclusively by the Court of Session,

The Magistrate shall forthwith furnish to the accused the copies of statements and documents to accused, free of cost.

If the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy

Direct that he will only be allowed to inspect it either personally or through an advocate in Court.

When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall under Sec. 232

Commit the case subject to the provisions of this sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial

When in a case instituted otherwise than on a police report, it appears to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall

Stay the proceedings of such inquiry or trial and  call for a report on the matter  from the police  officer conducting the investigation

According to Sec. 233, If a report is made by the investigating police officer under Sec. 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report

As if both the cases were instituted on a police report

Chapter XVIII provides for

The Charge

The contents of Charge is provided under

Sec. 234

Every charge shall state

       The offence

       Name of the offence

       Definition of the offence

       Law and Sec. of the Law

       Charge shall be written in the language of the Court

Previous conviction shall be stated

Particulars as to time, place, thing and person shall be stated according to the provisions of the

Sec. 235

When the accused is Charged with CRIMINAL BREACH OF TRUST OR DISHONEST MISAPPROPRIATION of money or other moveable property, it shall be sufficient to specify gross sum or description of moveable    property, the DATES BETWEEN WHICH the offence is alleged to have been committed

Without specifying particular items or exact  dates

The dates mentioned in the charge under Sec. 235 (2) in case of offences regarding criminal breach of trust or dishonest misappropriation of money,

The time included between the first and last of such dates shall not exceed ONE YEAR

The charge also contain such particulars of the manner in which the alleged offence was committed is provided under

Sec. 236

The provision for the effect of error is provided under

Sec. 238

No error and no omission in stating either the offence or the particulars required to be stated in the charge, shall be regarded at any stage of the case as material

Unless the accused was in fact MISLED by such error or omission, AND It has occasioned a FAILURE OF JUSTICE

Under Sec. 239, Any Court may alter or add

to any charge

At any time before the judgment is pronounced.

According to Sec. 239(4), If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court to prejudice the accused or the prosecutor

The Court may either direct a

•  new trial or

adjourn the trial for such period as may be necessary

Where the previous sanction is necessary, the case shall not be proceeded

With until such sanction is obtained

According to Sec. 240, When a charge is altered or added by the Court after the commencement of the trial, who shall be allowed to recall or re-summon, examine any witness?

      The Prosecutor  or ,

The Accused

For every distinct offence there shall be a separate charge and every such charge shall be tried separately, is provided under which section

Sec. 241

Sec. 241 is an exception to

Sec. 242, 243, 244 and 246

Under Sec. 242, how many types of offences may be charged together within a year

five offences of same kind within a period of twelve months may be charged together

Under Sec. 243, When there can be a trial of more than one offence can be done?

If act committed by same person are connected together so as to form the same transaction, he may be

• Charged with and

• Tried

At one trial for every such offence.