BRIDGE COURSE – 2 YEARS (Bar Council of India, Delhi

Centre)
LAW OF CRIME- II, BHARATIYA NAGRIK SURAKSHA SANHITA, 2023
(BNSS)
(Criminal Procedure Code – 1973)

The primary objectives of this course are to:

● To familiarise the students with the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) that has replaced the Code of
Criminal Procedure, 1973 (CrPC).
● To highlight the key changes introduced in the BNSS to
ensure a criminal justice system with simple procedures,
forensic investigation for serious offences, reduced pendency of
cases, improvement in conviction rates, use of technology to
facilitate access to justice and specified timelines for justice
delivery.
● To discuss the procedure for investigation and trial of
offences (like initiation of criminal cases, powers and duties of
police during investigation of offences, stages of criminal trial,
functions, duties, and powers of criminal courts) under the
BNSS while highlighting how these procedures are different
from the CrPC.
● To compare the coverage of critical issues in the
administration of criminal justice like protecting the human
rights of accused, victims and the principles of fair trial in the
BNSS and the CrPC.
Learning Outcomes:
At the end of the course, the students will be able to:
l. Identify the key changes introduced in the BNSS as compared
to the CrPC.
2. Explain the powers, functions and duties of police and
criminal courts under the BNSS.
3. To critically analyse the significance of the new provisions in
the BNSS.
4. Employ and promote adoption of humane and just practices
in administration of criminal justice with emphasis on protection
(suraksha) of the citizen.
Prescribed Legislations:
1. The Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The Code of Criminal Procedure, 1973
Prescribed Books:
1. Saurabh Kansal, Vageshwari Deswal, Shruti Goyal, Bharatiya
Nagarik
Suraksha Sanhita 2023 Law and Practice, (Taxmann
Publications Private
Limited, April 2024).
2. [Link] Pillai (Rev.), R. V. Kelkar’s Criminal
Procedure, (7th
ed., 2021).
3. [Link] Pillai (Rev.), R. V. Kelkar’s Lectures on
Criminal
Procedure, (6th ed., 2017).
Topics
1. Introduction to BNSS
a. Importance of Procedure in Criminal Law
b. Stakeholders and Functionaries in the Criminal Justice
Administration System
c. Hierarchy, powers, and duties of Criminal Courts
d. Definitions- Sections 2(1)(a) -(i), 2(1)(k) -(m), 2(1)(o)-(q), 2(1)
(t), 2(1)(x)-(z) of the BNSS
2. Initiation of Criminal Case -Section 2 (1)(g), Section 2 (1)
(h), Sections 173 – 178, Sections 179 – 184, Section 187,
Section 193, Section 196 of the BNSS.
In the scheme of the BNSS, 2023, for the purposes of setting
criminal investigation machinery into motion, offences are
classified into two categories: (i) cognizable offences and (ii)
non-cognizable offences. In case of cognizable offences, a
police officer can arrest an accused without a warrant but in
case of non-cognizable offences he cannot arrest or investigate
into such an offence without authorization in this behalf by the
magistrate. In case of cognizable offences, an F.I.R forms the
basis for putting the investigative machinery into motion. A
general overall view of investigation will be given to the
students with special emphasis on the essentials of F.I.R, zero
FIR and e-FIR and their evidentiary value, police officer’s
powers to investigate cognizable cases, the procedure for
investigation, police officer’s powers to require the attendance
of witnesses, examination of witnesses by the police, recording
of confessions and statements and report of the police officer
on completion of the investigation.
Cases:
Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559
Lalita Kumari v. Govt. of Uttar Pradesh, Crl.M.P. no.5029 of 2014
in
Writ Petition (Crl.) No.68 of 2008Youth Bar Association of India
v. Union of India, (2016) 9 SCC 473
State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435
Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476
Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409
Vinubhai Haribhai Malaviya v. State of Gujarat, 2019 SCC
OnLine SC 1346
3. Investigation -The BNSS- Sections 176, 35 – 38, 43-44, 96,
47-48, 49 -51, 53 -54, 56-58, 62.
a. Procedure for Investigation
b. Arrest – procedure and rights of arrested person
c. Search and seizure (sections 185, 186 read with section 103)
Cases:
State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
4. Bail- Sections 478 - 483 of the BNSS
Criminal offences are further classified under the Cr.P.C. into
bailable and non-bailable offences. In case of bailable offences,
an accused is entitled to bail as a matter of right on furnishing
of surety. In case of non-bailable offences, bail is a matter of
discretion with the courts and the discretion becomes narrower
depending upon the severity of the punishment that an offence
entails. How this discretion is exercised and the principles
governing the grant of bail in such cases are discussed in the
cases given
below. The concept of anticipatory bail and the principles
governing its grant are also subjects of study here. Further,
principles governing cancellation of bail are also discussed
here.
a. Grant of Bail, including anticipatory bail
b. Cancellation of Bail
c. Compulsory release
Cases: State v. Captain Jagjit Singh, (1962) 3 SCR 622
Moti Ram v. State of M.P., (1978) 4 SCC 47
Sanjay Chandra v. Central Bureau of Investigation, (2012)1 SCC
40
Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1 State
(Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411
5. Pre-Trial Proceedings - BNSS, Sections 210, 213, 222,
223, 225, 227,
232-247, 251
a. Cognizance of Offences
b. Committal Proceedings
c. Framing of Charges
Mohan Singh v. State of Bihar, (2011) 9 SCC 272
Ajay Kumar Parmar v. State of Rajasthan, (2012) 9 SCALE 542
6. Trial - Ss. 2(w) (x) and (y), 248-249, 253-254, 256-257, 265-
267, 274, 283,
285, 355-356 and 530 of the BNSS.
a. Differences among warrant, summons, and summary trials
b. Production of Witnesses - Summons and warrants
c. Section 360 -Withdrawal of Prosecution
Abdul Karim v. State of Karnataka, (2000) 8 SCC 710
7. Rights of Accused and Victims
a) Features of Fair Trial – BNSS Ss.308, 337, 340-341, 351, 354,
355, 358,
360, 366, 447, 450; Articles 20 (1) (3), 22(1), 39A of the
Constitution
b) Rights of Victims – Ss.395, 396, 413, Proviso
c) Witness Protection -BNSS, S.398
d) Delhi High Court Guidelines for Protection of Vulnerable
Witnesses.
e) Witness Protection Scheme 2018
Cases:
Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158
Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC
408
Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
Hardeep Singh v. State of Punjab,(2014) 3 SCC 92
Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC
1
8. Judgment - BNSS, Ss. 250, 252, 255, 258, 262, 264, 269,
271, 275, 287, 288, 392, 393
a. Discharge and acquittal
b. Conviction
c. Hearing on sentence
d. Content of judgments. Ajay Pandit @ Jagdish Dayabhai Patel
v. State of Maharashtra, (2012) 8 SCC 43
9. Other Means of Disposal of Cases

a. Plea Bargaining
● 154th Report of the Law Commission of India, 1996, pp. 51-
54
● BNSS, Chapter XXIII- Plea Bargaining (Ss. 289-300)

b. Compounding of cases: BNSS, S. 359

c. Probation: BNSS, Ss. 401-402
10. Appeals, Inherent Powers of the High Court; Repeal and
Savings:

BNSS, Ss. 413-435, S. 528, 531

Gian Singh v. State of Punjab, (2012) 10 SCC 303
State of M.P. v. Deepak, (2014) 10 SCC 285
Important note –
1. The topics and cases given above are not exhaustive. The
teachers teaching the
course shall be at liberty to add new topics/cases.
2. The students are required to study the legislation as
amended up to date and consult the latest editions of books.
Examination Pattern:
PART – A: Short answer type questions
Answer any 5 out of 6 Questions: (5 x 5
= 25)
PART – B: Medium answer type questions
Answer any 3 out of 4 Questions: (3 x 15
= 45)
PART – C: Long answer type questions
Answer any 1 out of 2 Questions: (1 x 30
= 30)
Evaluation Result: Pass or Fail