THE BHARATIYA NAGARIK SURAKSHA SANHITA- 2023

STAGE OF CRIMINAL CASES

 STEP 1 :- COMMISSION OF OFFENCE

Offence – 2(1)(q) "offence" means
any act or omission made
punishable by any law for the time
being in force

Cognizable offence; 2(1)(g) Non-Cognizable Offence ; 2(1)(o)

 STEP 2:- Information to Police Officer

1. FIR under section 173 (Information in Cognizable Cases)
2. Section 174 (Information as to Non-Cognizable Cases) (NCR)

If Police officer refuses to register an FIR

 Section 173(4) - in writing / by post to SP
- An application before court :- Complaint to magistrate under section 223
2(1)(h) :- "Complaint" means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Sanhita that some person,
whether known or unknown, has committed an offence, but does not include a
police report.

156(3) = 175(3) – FIR – SP – Affidavit-further investigation

Note: - 175(3) read with 173(4)

 STEP 3 :- AFTER REGISTRATION OF FIR-INVESTIGATION

Investigation 2(1)(L) ;- "investigation" includes all the proceedings under this Sanhita for
the collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf. Explanation.—Where any of the
provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions
of the special Act shall prevail;

 Collection of evidence
 Spot verification
 Examination of witness (SEC 180)
 Statement of witness
  Interrogation/Statement of accused
 Notice to the accused under section 35(3) of BNSS 41
Arnesh Kumar v/s State of Bihar
Satender Kumar Antil v/s Central Bureau of Investigation (2022)

ARREST OF A PERSON IF REQUIRED

Arrest with warrant Arrest without warrant

(Chapter 6 part B) Section 35 (When police may arrest without
warrant )

NOTE:- Police Bail – Bailable offence – Section 478 – Bail Bond

- Non-Bailable offence – Section 58 – Produce before

magistrate within 24 hrs, magistrate having jurisdiction
to try such case.

REMAND

Police Remand/Custody Judicial Remand/Custody

Investigation agency like CBI, ED Jail
IO - For further investigation Section 187
187(3) :- 15 days

Section 232 :- Commitment of case to Court of Session when offence is triable exclusively
by it.- 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 triabal
exclusively by the Court of Session.

BAIL

PRE-ARREST BAIL POST ARREST BAIL

Anticipatory Bail Regular Bail
Section 482 Section 480 – Magistrate Court
Section 483 – COS,HC

 Note :- If the complainant or the victim wishes, he can object the bail or can file
Cancellation of bail under section 483(3): A High Court or Court of Session may
direct that any person who has been released on bail under this Chapter be arrested and
 commit him to custody.( This section empowers to cancel the bail if there are valid
reason to do so)
 Case:- Raghubir v. State of Bihar (1986) 4 SCC 481
Dolat Ram v. State of Haryana, (1995) 1 SCC 349

 STEP 4:- AFTER COMPLETITION OF INVESTIGATION

Upon completion of the investigation, police officer/IO will submit final form/police report
u/s 193(3) before the competent court.

Police Report 193(3)

If the Police officer after investigation find If the Police officer after investigation does
sufficient ground/evidence against the not find sufficient ground/evidence against
accused, Police officer will submit the accused, Police officer will submit
Charge-sheet against such accused Closer-report against such accused

If the Informant is dissatisfied with the final

report submitted by the police officer then
the complainant can file PROTEST
PETITION

Note:- This extract is taken from Dablu Kujur v. State of Jharkhand, (2024) 6 SCC 758 :
2024 SCC OnLine SC 269 at page 764

15. When such a police report concludes that an offence appears to have been committed
by a particular person or persons, the Magistrate has three options:
(i) He may accept the report and take cognizance of the offence and issue process,
(ii) He may direct further investigation under sub-section (3) of Section 156 and
require the police to make a further report, or
(iii) He may disagree with the report and discharge the accused or drop the
proceedings.
If such police report concludes that no offence appears to have been committed, the
Magistrate again has three options:
(i) He may accept the report and drop the proceedings, or
(ii) he may disagree with the report and taking the view that there is sufficient ground
for proceeding further, take cognizance of the offence and issue process, or
(iii) He may direct further investigation to be made by the police under sub-section (3)
of Section 156

Para 20 :- Content of Charge-sheet

  Quashing of FIR: - Under section 528 (Saving of Inherent powers of High Court.)
- Neeharika infrastructure Pvt Ltd v. State of Maharashtra 2021 SCC Online 315
- R.P. Kapur v. State of Punjab AIR 1960 SC 866
- State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335

 Time prescribed to file Charge-sheet

90 days where the investigation relates to an offence punishable with death,

imprisonment for life or imprisonment for a term of ten years or
more
60 days where the investigation relates to any other offence,

Note: - If the police officer does not file the charge sheet on specified time, then the accused
gets the right to get bail under section 187 of BNSS and Article 21 of the constitution of
India. This bail is called as DEFAULT BAIL.

 STEP 5 :- COGNIZANCE OF OFFENCE

Under section 210:- Judicial mind

Based upon the compliant, Police report or information judicial officer/ magistrate applies
his judicial mind to evidences available on record and examine whether their exist sufficient
material to take further next step in the proceeding.

Note :- In complaint case – Magistrate- Inquiry and cognizance of the offence –

EAMINATION- No sufficient ground for complaint Dismiss under section 226 .

If ground - then magistrate - ISSUE OF PROCESS under section 227- summon / warrant

 STEP 6:- CHARGE FRAMINING

Chapter XVIII

If the sections imposed by the police are not correct, then the court can change those sections
and impose charge under new sections under section 239 and 244 of BNSS.

After the charge is framed, the court asks the accused whether he accepts his crime, if he
accepts his crime then he is sentenced/judgment at the same time or on the next hearing and
the criminal case trial ends here. (Plead Guilty)

Note :- Application of Plea Bargaining U/S 290 of BNSS within 30 days from the date of
framing of charge in the court

(Sentence bargain)

(Not Charge bargain) (Added in 2006) (Chapter :- XXIII)

 STEP 7:- COMMENCEMENT OF TRAIL

Trail before a court Warrant Case Trail Summon Case Trail Summary Trail
of session Chapter XX Chapter XXI Chapter XXII
Chapter XIX

The Examination of witnesses (testify) under Section 142

 Examination-in-chief
 Cross – Examination
 Re-examination

- As per the list of witnesses given in the charge sheet by the police.
- The witnesses on behalf of the prosecution (victim side) are called PW
(Prosecution Witness) and the witness of other side is called as DW (Defense
Witness)
- First there is the testimony of the victim/complainant, then there is the testimony of
any public witness such as if there is an eyewitness at the time of the incident, then
his testimony, then the testimony of the police and doctor or forensic lab people,
whoever is given according to the case, lastly there is the testimony of the I.O. i.e.
Investigation Officer

 STEP 8:- FINAL ARGUMENT

After the testimony of both the parties (victim
and accused), the case under section 352 of
BNSS goes into final argument in which the
advocates of both the parties present their
arguments in support of the case before the
court. This argument can also be given in
written form, which is also called final written
argument (CPC).
  STEP 9 :- JUDGMENT
Chapter XXIX

Section 392 / 393

Conviction Acquittal
Sentence

Appeal (Chapter XXXI)

Within specified period of time / Limitation Act – Sec115/ 133 (60 days and 90 days )

Important
 Section 418:- appeal by STATE GOVERNMENT against sentence
 Section 419:- Appeal in case of Acquittal

No appeal: - Provision given under section 295, 416 & 417

 Mercy Petition
- (State of Haryana vs Rajkumar @ Bittu){Governor }

 Review by same court passed the original order / Revision by superior court

 Curative petition: - A curative petition is filed when both

the mercy petition of an accused to the President and the
review petition in the Supreme Court are rejected. The
curative petition originated in the case of Rupa Ashok
Hurra V/s Ashok Hurra & Anr. on 10 April, 2002 by the
Supreme Court. A curative petition is filed in the Supreme
Court under Article 142 of the Constitution. If the curative
petition is also rejected, then no one can save the accused
from the death penalty, his death is certain and with this the
criminal case trial ends.

-RAM