City Law College

LL.B.(3 years.) IIIrd SEMESTER

THE BHARATIYA NAGARIK SURAKSHA SANHITA
UNIT-I

Unit–I-Introduction
I- History, Object, Scope and Extent of the act (section 1- 5)
II- Definition,
III- Constitution of criminal courts and offices ( section 6 – 20)
IV- Powers of courts (section 21 – 29)
V- Powers of superior officers of police
VI- Aid to the magistrate and police( section 30 – 34)

QUESTION: 1:- Discuss the history, objects, extent and commencement of THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023?
Answer- History-
➢ Bhartiy nagrik suraksha sanhita 2023 has been implemented in place of Code of Criminal Procedure
1973.
➢ On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced b in Lok Sabha.
➢ On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn.
➢ On 12 December 2023-2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was
introduced in Lok Sabha
➢ On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok
Sabha.
➢ On 21 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Rajya
sabha.
➢ On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 has received the
assent of the President of India.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023is mainly an adjective law of Procedure. The purpose of
the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive
criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time.

Objectives of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023:

➢ The Important objective of the Bharatiya nagrik suraksha sanhita is to provide an opportunity to the
accused person to get a fair trial in accordance with the principles of natural justice
➢ To ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably
favoured.
➢ To make an effort to prevent delay in investigation and trial to ensure fair justice.
➢ To ensure the attendance of any person concerned with the case, including an accused or a witness,
through various measures, viz. summons, warrant, proclamation and attachment of property.
➢ To provide a detailed scheme for working of various functionaries of the state to help and assist the
administration of Criminal Justice in India for the entire time period between when a crime has been
 committed until the time the sentence against the crime is passed and the case is closed i.e.
investigation, inquiry, and trial.

Short title, extent and Commencement

➢ According to sub section 1 of section 1 this act may be called the Bharatiya nagrik suraksha sanhita
2023.
➢ Extent:-According to sub Section (2) of section 1 the provision of this sanhita other than those related
to Chapter IX , XI and XII shall not apply to:-
o State of Nagaland and
o Tribal Areas
➢ Commencement: According to Sub section 3 of section 1 it shall come into force on such date as the
central government may by, notification in the official gazette, (1st July 2024)

➢ Applicability of the Code: According to sub section 1 of Section 4 of the BNSS generally is applicable to
respect of investigation, inquiry or trial of offence punishment of under Bhartiya Nyaya Sanhita 2023.

➢ Sec 4 (2) further lays down that offences under any other law shall also be investigated, inquired and
tried according to the same provisions. But if there is any enactment which regulates the manner, place
of investigation, inquiry or trial of the offences the procedure prescribed in that enactment will be
followed.

QUESTION:2-Write a short note on the following:

a- Audio- video electronic means.

b- Bailable and Non-Bailable offence. [2012,2014,2017, 2022]

c- Cognizable and non-Cognizable Offence [2014,2017,2018, 2022]

ANSWER

a- Audio- video electronic means – section 2 (a) of the BNSS 2023 provides the definition audio – video
electronic means. According to section 2 (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;

b- Bailable offence andNon-Bailable Offence - For the purpose of bail, offence may be classified as-
i- Bailable Offence
ii- Non-bailable Offence
According to section 2(c) of the BNSS 2023 “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;

➢ 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.
➢ Non-Bailable offence means any other offence.
➢ Whether the offence is bailable or not is provided in the column 5of first schedule of BNSS 2023.
➢ In Bailable offence Bail is Right of the Accused but Non-Bailableoffence Bail is not Righ to the Accused
granting. the Bail is Discretion of Court.

Cognizable offence & Non-Cognizable offence –

Cognizable offence – section 2(g) of the BNSS 2023 Related to the cognizable offence. Section 2 (g ) says
that “cognizable offence” means 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;

➢ In a cognizable offence, a police officer can arrest the alleged culprit without warrant and can
investigate into such a case without any orders or directions from a Magistrate. (Section 175)

➢ Sometimes, a single case may include several offences. If all the offences are non-cognizable, it is a
non-cognizable case. If, however, one or more of the offences is cognizable, it would be a cognizable
case. In other words, a case cannot be partly cognizable and partly non-cognizable

Non – cognizable offence - section 2 (o) of the BNSS 2023 Related to the non – cognizable offence,
According to section 2 (o) “non-cognizable offence” means an offence for which, and “non-cognizable case”
means a case in which, a police officer has no authority to arrest without warrant;

➢ Sub section 2 of section 174 provides that No police officer shall investigate a non-cognizable case
without the order of a Magistrate having power to try such case or commit the case for trial.

QUESTION:3:- Explain Complaint and police report[2012, 2014,2021]

ANSWER
Complaint – section 2 (h) of the BNSS 2023 defined complaint, according to section 2(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.
Explanation: A report made by police officer in case which discloses after investigation the commission of
a non-cognizable offence shall be deemed to be a complaint, and the police officer by whom such report
is made shall be deemed to be the complainant.

Essential of valid Complaint:

➢ Allegation must be about the commission of an offence (Cognizable or non-cognizable)

➢ Offence may be committed by known or unknown person
➢ It must be Made to a magistrate
➢ It must be made with view of his taking action under this sanhita.
➢ It must not be a ‘police report’
➢ A Complaint may be made oral or writing.
In rajesh bajaj vs. state N.C.T. of Delhi (1999)3 SCC299 it has been said that it is not essential that the
complaint should verbatim contain all the ingredients of the offence alleged so long as the factual
foundation for the offence has been laid.
According to explanation of section 2(h) of BNSS A report made by a police officer in a case which discloses,
after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the
police officer by whom such report is made shall be deemed to be the complainant;

If the magistrate applies his mind to the offence complained of with a view to take
subsequent steps, i.e. if the magistrate takes cognizance on receiving the complaint, in the first step he is
required to take is to examine the complaint and witnesses, if any, on oath under Section 223 of BNSS 2023.
The object of such examination is to ascertain whether there is a prima facie case against the person accused
of the offence in the complaint, and to prevent the issue of process on a complaint which is either false or
vexatious of intended only to harass such a person. At this stage, the accused does not have any role.

Complaint and Information - According to Section 210 (1) of this Sanhita, any Magistrate of the first class,
and any Magistrate of the second class may take cognizance of any offence.-
1- Upon receiving a complaint of facts which constitute such offence.
2- Upon a police report of such facts.
3- Upon information received from any person other than a police officer, or upon his own knowledge, that
such offence has been committed.
In this way there is clear cut difference between a complaint and information. On following the
path of complaint any person can request Magistrate to take action, whereas by adopting the path
of information one may intimate the Magistrate the occurance of the offence and not a request to
start proceeding. When a complaint is made, it becomes essential for the Magistrate to take action
as per the provisions of the code, but when an information is given to him, it is at his discretion
either to proceede with or not. There are two obstacles to start with the proceedings on the
ground of information under Section 210 (1) (c). First is this, that on the ground of information
only first Class Magistrate and any Second Class Magistrate specially empowered is entitled to take
action; and Second is this, that if the proceeding is started on the ground of information, then the accused
is entitled to get the proceeding transferred to any other Magistrate.
 Police Report – Section 2(t) of the BNSS 2023 provides that means a report forwarded by police officer to a
magistrate under sub-section (3) of section 193 of the Sanhita.
➢ If it discloses the commission of offence it is known as ‘Charge sheet’ or Challan. If does
not disclose the commission of offence it is known as final report.

QUESTION:4 :-
a. Difference between Summon Case and warrant Case [2018, 2019, 2023].
b. Difference Between inquiry and Investigation [2019, 2023]
c. Inquiry and Trial [2018]

ANSWER

a- Summon Case – section 2 (x) of the BNSS 2023 provides that Summon Case means a case relating to an
offence which is not a warrant case.
➢ The classification is useful for determination of type of trial procedure.
➢ The procedure in trial of summon case is different from that of warrant case.
➢ The classification is based on the seriousness of the offence.

Warrant Case – section 2(z) of the BNSS 2023 says that Warrant case means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Difference between Summon Case and warrant Case –

Summon Case Warrant Case

1 In Summon case, A summon is sent to the Under Warrant case the accused is put to trail by
accused to appear in the court. issuing a warrant.

2 In summon case, punishment does not In warrant case, the punishment can be of life
exceed more than 2 years of imprisonment, death penalty or imprisonment for
imprisonment. more than 2 year.

3 It is not mandatory to frame criminal It is mandatory to frame criminal charges against

charges against accused. accused.

4 A summon case can be converted into A warrant case cannot be converted into summon
warrant case. case.
 Inquiry – Section 2 (k) of the BNSS 2023 provided that Inquiry means every inquiry other than a trial,
conducted under this sanhita by a Magistrate or court.

Investigation – Section 2(l) of the BNSS 2023 relates to the investigation, section 2(l) provides that
Investigation Include all proceedings under this sanhita for the collection of evidence conducted by the
police officer or any person, (other than magistrate), who is authorized by a magistrate in this behalf.

➢ The basic purpose of investigation is the collection of evidence

➢ Investigation is conduct by police officer, it must be noted that investigation is not conducted by the
Magistrate; however in certain circumstances magistrate may authorize any person other than police
officer to conduct an investigation.

Trial - The term trial has not been defined in the code. There can be no universal meaning of the term, ‘trial’
it can be defined as proceeding to determine guilt or innocence of the accused.
➢ Trial always ends in either acquittal or conviction.
Difference between Investigation inquiry and trail –

Investigation inquiry trail

1 An investivation is always Inquiry is always conducted The trial is also conducted by

conducted by a Police either by a Magistrate or Magistrate or Court.
Officer of any person duly Court.
authorised but not by
Magistrate.

2 The nature and object of The nature and object of The nature and object of trial is to
Investigation is to collect Inquiry is to come at a adjudicate upon the question of
evidence for the purpose conclusion on an issue which is guilt or innocence of accused.
of inquiry and frial not related with the guilt or
innocence of the accused but is
related with the question.
whether any prima facie case is
established or not against the
accused,

3 No administration of While examining the persons At the stage of trial the persons
Oath is done during the the oath may be administered who are being examined may be
period of investigation during the period of inquiry. administered with Oath.
while asking any
question or any
interrogation.

QUESTION:5 :-What are different courts exercising jurisdiction under the sanhita? Explain the power and
constitution? [2017, 2021, 2022, 2023]
OR
Discuss in detail the hierarchy of courts and their powers .Mention the classes of criminal courts as
provided Under BNSS2023 [2019,]
ANSWER- Section 6 of the BNSS 2023 provides that Besides the High Courts and the Courts constituted
under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts,
namely:—
1- Courts of Session;
2- Judicial Magistrates of the first class
3- Judicial Magistrates of the second class; and
4- Executive Magistrates
Courts of Session – Section 8 of the BNSS 2023 related to the Court of Session, section 8 says that -
➢ The State Government shall establish a Court of Session for every sessions division.
➢ Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
➢ The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of
Session
➢ The Sessions Judge of one sessions division may be appointed by the High Court to be also an
Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases
at such place or places in the other division as the High Court may direct.
➢ Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the
disposal of any urgent application which is, or may be, made or pending before such Court of
Session by an Additional Sessions Judge, or, if there be no Additional Sessions Judge, by a Chief
Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have
jurisdiction to deal with any such application.
➢ The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the
distribution of business among such Additional Sessions Judges.
Judicial Magistrates of the first class - In every district there shall be established as many Courts of Judicial
Magistrates of the first class and of the second class, and at such places, as the State Government may,
after consultation with the High Court, by notification, specify. [(Sec. 9 (1)]
➢ t the State Government may, after consultation with the High Court, establish, for any local area, one
or more Special Courts of Judicial Magistrates of the first class or of the second class to try any
particular case or particular class of cases, and where any such Special Court is established, no other
Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial
of which such Special Court of Judicial Magistrate has been established.[ proviso of section 9(1)]
➢ The presiding officers of such Courts shall be appointed by the High Court. [Sec. 9 (2)]
➢ The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of
a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service
of the State, functioning as a Judge in a Civil Court. [ sec. 9 (3)]
Chief judicial magistrate - In every district, the High Court shall appoint a Judicial Magistrate of the first
class to be the Chief Judicial Magistrate. [Sec 10 (1)

➢ The High Court may designate any Judicial Magistrate of the first class in any sub-division as the
 Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as
occasion requires. [Sec 10 (3)]
Special judicial Magistrate- The High Court may, if requested by the Central or State Government so to do,
confer upon any person who holds or has held any post under the Government, all or any of the powers
conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second
class, in respect to particular cases or to particular classes of cases, in any local area. [ Sec. 11 (1) ]

➢ Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not
exceeding one year at a time, as the High Court may, by general or special order, direct. [ sec. 11(2)]

Executive Magistrates- In every district, the State Government may appoint as many persons as it thinks fit
to be Executive Magistrates and shall appoint one of them to be the District Magistrate. [Sec 14 (1)]
➢ The State Government may appoint any Executive Magistrate to be an Additional District
Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this
Sanhita or under any other law for the time being in force as may be directed by the State
Government.[ Sec.14 (2)]
➢ All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive
Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also
be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District
Magistrate. .[ Sec.17 (1)]
Special Executive Magistrates- The State Government may appoint, for such term as it may think fit, Executive
Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special
Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special
Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may
deem fit. (Sec 15)

Classes of criminal court

Judicial
High Court Courts Court of Judicial
constituted Magistrate Executive
sessions Magistrate of
under other of second magistrate
first class
laws class

Question 6 - Discuss in detail the powers of the court.( 2021,2022, 2023)

Answer- Section 21 of BNSS provides that Subject to the other provisions of this Sanhita,—
a- any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—
 (i) the High Court; or
(ii) the Court of Session; or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:

b- any offence under any other law shall, when any Court is mentioned in this behalf in such law, be
tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court; or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.

Sentence which high court and session court may pass -

➢ A High Court may pass any sentence authorised by law. [sec. 22 (1)]
➢ A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
[sec. 22 (2)]

Sentences which Magistrates may pass- (section 23) - .

➢ The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence
of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
➢ The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community
service.
➢ The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community
service.

Explanation.—"Community service" shall mean the work which the Court may order a convict to perform as
a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Sentence which may be passed criminal courts:-

Sr. Court Section Max. imprisonment Max. fine
1. Supreme Court -- Any punishment Any fine aurthorised
aurthorised by law by law
2. High Court Section Any punishment Any fine aurthorised
22 aurthorised by law by law
3. Sessions judge and additional Section Any punishment Any fine aurthorised
sessions judge. 22 aurthorised by law (but by law
in case of capital
punishment, it must be
confirmed by the High
Court)
4. Chief judicial magistrate Section23 Imprisonment Any fine aurthorised
maximum upto 7 years, by law
community service
5. Judicial magistrate of first class Section Imprisonment Fine maximum upto
23 maximum upto 3 years, 50000 rs.
community service
6. Judicial magistrate of second Section Imprisonment Fine maximum upto
class 23 maximum upto 1 years, 10000 rs.
, community service
Sentence of imprisonment in default of fine (Section 24)-

➢ The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is
authorised by law: Provided that the term—
(a) is not in excess of the powers of the Magistrate under section 23;
(b) Shall not, where imprisonment has been awarded as part of the substantive Sentence, exceed
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment
for the offence otherwise than as imprisonment in default of payment of the fine.

➢ The imprisonment awarded under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under section 23.

Question 7 - Write the short notes on the following-

a- Powers of superior officers of police

b- Aid to the magistrate and police

Answer –(a) - Powers of superior officers of police – section 30 of BNSS 2023 relates to the powers of
superior officers of police. Section 30 provides that Police officers superior in rank to an officer in charge of
a police station may exercise the same powers, throughout the local area to which they are appointed, as
may be exercised by such officer within the limits of his station.

(b)- Aid to the magistrate and police- section 31 of BNSS provides that Every person is bound to assist a
Magistrate or police officer reasonably demanding his aid—

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

(b) - in the prevention or suppression of a breach of the peace; or

(c)- In the prevention of any injury attempted to be committed to any public property.

Section 32 of the BNSS 2023 says that When a warrant is directed to a person other than a police officer,
any other person may aid in the execution of such warrant, if the person to whom the warrant is directed
be near at hand and acting in the execution of the warrant.