1

Mrs. SUJATHA

CRIMINAL LAW II
BHARATIYA NAGARIK SURAKSHA SANHITA,
2023
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

& THE PROBATION OF OFFENDERS ACT, 1958

OBJECTIVES:
Transition from Code of Criminal Procedure to Bharatiya Nagarik Suraksha Sanhita,
2023 (BNSS 2023) is the result of shifted attention from penalty to nyaya. The
primary objective of this course is to familiarize the students with the basic
procedure relating to investigation andtrial of offences along with the procedure
of rendering judgments. The students are also expected to appreciate role of
technology in different criminal provisions and the importance of time bound
remedies.

Unit I: Introduction
Meaning and importance of criminal procedure; Background and salient
features of Bharatiya Nagarik Suraksha Sanhita including its Constitutional
dimensions;Definitions andclassification of offences- Bail, Bail bond, Bond, Audio-
Video Electronic Means, Victim, Investigation; Replaced provisions relating to
Organisation, Functions, Duties and Powers of Courts, prosecution and Police
under BNSS.
Initiation of criminal case- First Information Report, Zero FIR, Investigation powers,
Preliminary Inquiry, Complaint; Arrest-Concept, procedure and safeguards,
Proclamation, Information regarding arrested persons, Handcuffing.

Unit II: Pre -Trial Process and Commencement of Proceedings

1. Magisterial power to take cognizance and timelines to complete the
proceedings;
2. Dismissal of complaints;
3. Commencement of proceedings;
4. Framing of Charge and joinder of charges;
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5. Process to compel appearance and production of things- Use of electronic

means,securing presence of successor;
6. Preliminary pleas under the Sanhita- Plea of guilt, limitation for taking
cognizance ofoffences;
7. Provisions as to Bail and Bonds.
Unit III – Trial Process

1. Trial before Court of Sessions;

2. Trial of Warrant and Summons cases by Magistrates;
3. Summary Trials – Significance;
4. Evidence and General Provisions as to inquiries and trials;
5. Compounding of offences and Plea bargaining;
6. Concurrent and consecutive running of Sentences;
7. Appeals, Revision and Reference;
8. Security for keeping peace and good behavior;
9. Maintenance – Alteration and Enforcement.

Unit IV: Miscellaneous Procedure

1. Judgment;
2. Transfer of cases;
3. Execution, suspension, remission and commutation of Sentences and Mercy
petitions;
4. Disposal of property- photography, videography and time bound release;
5. Preventive action of PSolice;
6. Irregular proceedings;
7. Protection of Victims- Compensation and Treatment.

Unit V: Juvenile Justice and Probation of Offenders

1. The Juvenile Justice (Care and Protection of Children) Act, 2015-Salient
features, the Juvenile Justice Board –Composition, Powers and Functions;
Procedure relating to Children in conflict with Law, Children in need of Care
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and Protection and their rehabilitation, Child Welfare Committee.

2. The Probation of Offenders Act, 1958-Salient features, Power of Court to

release certain offenders on probation/ good conduct; Power of Courts to
require released offenders to pay compensation and cost; Appeal and
Revision.

Prescribed Books:
1. Ratanlal and Dhirajlal's, Bharatiya Nagarik Suraksha Sanhita, Lexis
Nexis,(the latestedition comprising the BNSS, 2023)
2. K.N. Chandrashekaran Pillai (Revd.), R V Kelkar’s Criminal Procedure
(Recent Edition),Eastern Book Publication.

Reference Books
1. Bare Act –Bharatiya Nagarik Suraksha Sanhita, 2023.
2. K.N. Chandrashekaran Pillai (Revd.), R V Kelkar’s Lectures on Criminal
Procedure(Recent Edition), Eastern Book Publication.
3. Bare Acts -The Juvenile Justice (Care and Protection) Act, 2015 &The
Probation ofOffenders Act, 1958.
4. M.P. Tandon, Criminal Procedure Code, Central Law Agency (latest
edition)
5. S C Sarkar, PC Sarkar and Sudipto Sarkar, Sarkar: The Code of Criminal
Procedure(Recent Edition), LexisNexis.
6. Ratanlal and Dhirajlal's, The Code of Criminal Procedure, 1973, Lexis
Nexis,(RecentEdition).
7. [Link], Bharatiya Nagarik Suraksha Sanhita, 2023 (Criminal
Procedure): ACommentary, Eastern Book Publication.

Important Note

 The teachers and students have to refer the provisions as amended upto
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date referringthe latest editions of books on the subject.

The Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023, was introduced as a

modernized and reformed version of the Indian Criminal Procedure Code (CrPC),
1973. It is part of a series of reforms aimed at updating India's criminal justice
system. Alongside the BNSS, two other key bills were introduced: the Bharatiya
Nyaya Sanhita Bill, 2023 (replacing the Indian Penal Code, IPC, 1860) and the
Bharatiya Sakshya Bill, 2023 (replacing the Indian Evidence Act, 1872).

The Bharatiya Nagarika Suraksha Sanhita is focused on criminal procedure and

encompasses key changes to the existing laws governing the criminal justice
process in India.

UNIT I

MEANING AND IMPORTANCE OF CRIMINAL PROCEDURE IN BNSS

Meaning of Criminal Procedure in the Bharatiya Nagarika Suraksha

Sanhita (BNSS)

Criminal procedure refers to the legal framework that governs the processes
involved in the investigation, prosecution, trial, and punishment of criminal offenses.
It outlines the rights and obligations of the state (police, prosecution, and judiciary)
as well as individuals (accused, victims, and witnesses) in criminal cases. In the
BNSS 2023, criminal procedure has been modernized and made more efficient,
building upon the foundation of the Criminal Procedure Code (CrPC) of 1973.

The BNSS lays out the steps to be followed from the registration of an offense (FIR),
through arrest, investigation, bail, trial, and sentencing, ensuring the proper
administration of justice. It also specifies the safeguards for the accused, the
protection of victims, and the use of technology to enhance the speed and
transparency of the legal process.

Importance of Criminal Procedure in BNSS

The importance of criminal procedure in the BNSS can be understood through the
following key points:

1. Ensures Due Process and Fairness

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 Meaning: Criminal procedure ensures that due process is followed in every

stage of a criminal case, from the filing of an FIR to the final verdict. The
BNSS, like the CrPC, emphasizes fairness in legal proceedings, preventing
arbitrary actions by law enforcement.
 Importance: By laying down clear rules for investigation and trial, the BNSS
ensures that the fundamental rights of both victims and the accused are
protected. This promotes justice, fairness, and accountability in the criminal
justice system.

2. Protects Constitutional Rights

 Meaning: Criminal procedure under BNSS guarantees that individuals’

constitutional rights—such as the right to life and personal liberty (Article 21),
equality before the law (Article 14), and protection against arbitrary
detention (Article 22)—are upheld during the criminal process.
 Importance: This protection prevents unlawful arrests, detentions, or
convictions, ensuring that all actions by the state are within the ambit of law.
Criminal procedure serves as a safeguard for citizens against misuse of state
power.

3. Ensures Timely Justice

 Meaning: BNSS introduces time-bound investigations and trials to address

delays that have plagued the criminal justice system under the CrPC. It
mandates that investigations be completed within 90 days for less serious
offenses and 180 days for serious offenses.
 Importance: This promotes speedy justice, which is a constitutional right
under Article 21. Delays in the judicial process can result in prolonged
detention of the accused or denial of justice to the victim, and BNSS aims to
minimize these inefficiencies.

4. Balances Rights of Victims and Accused

 Meaning: Criminal procedure in BNSS carefully balances the rights of the

accused (such as the right to a fair trial and protection against self-
incrimination) with the rights of victims (such as the right to be informed of
proceedings and to receive compensation).
 Importance: This balance is crucial to ensure that justice is not just punitive
but also restorative. The BNSS strengthens victim rights by providing
compensation schemes and enhances fairness in trials for the accused by
streamlining bail provisions and reducing unnecessary detentions.

5. Introduces Modernization and Use of Technology

 Meaning: BNSS integrates technology into the criminal justice process,

allowing for e-FIRs, digital evidence collection, video conferencing for trials,
and the use of e-courts to ensure transparency and efficiency.
 Importance: The modernization of criminal procedure makes justice more
accessible and transparent, especially in remote areas. It reduces the burden
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on courts and law enforcement while enhancing public confidence in the

judicial system.

6. Ensures Accountability of Law Enforcement

 Meaning: Criminal procedure in BNSS includes stringent rules to ensure

accountability for law enforcement agencies. The BNSS mandates that police
justify arrests, particularly for minor offenses, and face penalties for
misconduct, wrongful detention, or failure to follow legal procedures.
 Importance: This increases accountability and transparency in the system,
protecting individuals from misuse of power by authorities. It reduces
instances of custodial violence and arbitrary actions by law enforcement,
upholding the rule of law.

7. Supports Restorative Justice and Community Service

 Meaning: BNSS introduces community service as an alternative to

imprisonment for minor offenses, emphasizing a restorative justice approach
rather than just punitive measures.
 Importance: This is crucial for rehabilitating offenders, reducing the prison
population for minor offenses, and reintegrating offenders into society. It
aligns with the idea that justice should focus on reforming individuals rather
than simply punishing them.

8. Addresses Victim Rights and Compensation

 Meaning: The BNSS strengthens the focus on victim rights, including

provisions for victim compensation, even in cases where the accused is
acquitted due to lack of evidence. Victims are entitled to be involved in the
proceedings and are kept informed about the status of the case.
 Importance: The focus on victim-centric justice is important for promoting
trust in the criminal justice system. It ensures that victims are not
marginalized in the process, and receive timely compensation for the harms
they suffer.

9. Prevents Abuse of Legal Procedures

 Meaning: The criminal procedure in BNSS includes measures to prevent

abuse of the legal process, such as unnecessary arrests, lengthy detentions,
and false accusations. Safeguards are built into the system to protect
individuals from being wrongfully accused or punished.
 Importance: By preventing the misuse of criminal procedures, BNSS protects
individuals’ rights and ensures that law enforcement acts within legal
boundaries. This enhances the credibility of the criminal justice system.

10. Supports Gender and Child Protection

 Meaning: BNSS places special emphasis on crimes against women and

children, including fast-track courts for sexual offenses, domestic violence,
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and child abuse. It ensures swift and sensitive handling of these cases.
 Importance: This is critical for protecting vulnerable sections of society,
upholding their dignity, and ensuring that justice is delivered swiftly in such
cases. It supports constitutional provisions like Article 15 (prohibition of
discrimination) and Article 39(e) (protection of children and youth).

Conclusion: Importance of Criminal Procedure in BNSS

Criminal procedure in the Bharatiya Nagarika Suraksha Sanhita plays a pivotal role
in ensuring justice is delivered efficiently, fairly, and transparently. It modernizes the
legal process, enhances the protection of constitutional rights, and balances the
needs of both victims and the accused. The BNSS marks a major reform in India’s
criminal justice system by streamlining procedures, using technology, and
prioritizing the timely resolution of cases, thereby addressing the longstanding
issues of delay and inefficiency in the criminal justice system.

This framework is central to maintaining law and order, protecting individual rights,
and ensuring that the rule of law is upheld in every criminal case, reflecting the
evolving needs of society and the justice system.

SALIENT FEATURES OF BNSS INCLUDING ITS CONSTITUTIONAL DIMENSIONS:

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023 is a comprehensive

legislation that modernizes and reforms the criminal procedure law in India,
replacing the Criminal Procedure Code (CrPC) of 1973. It aims to enhance efficiency,
transparency, and fairness in the criminal justice system while addressing
longstanding issues such as delays, outdated procedures, and the protection of
rights for victims and the accused.

Here are the salient features of BNSS 2023 including its constitutional dimensions:

1. Time-Bound Investigations and Trials

 Provision: The BNSS mandates time-bound completion of investigations and

trials, which is a significant step towards addressing delays in the criminal
justice system. For example, investigations must be completed within 90 days
for offenses punishable by up to 7 years of imprisonment, and within 180
days for serious offenses.
 Constitutional Dimension: Article 21 of the Constitution guarantees the right
to a speedy trial, which has been upheld by the Supreme Court in several
cases (e.g., Hussainara Khatoon v. State of Bihar). The BNSS aligns with this
constitutional mandate by setting specific deadlines to avoid prolonged
detentions and ensure timely justice.

2. FIR Filing and Digital Reforms

 Provision: The BNSS introduces the concept of digital FIRs for non-serious
offenses, allowing individuals to register FIRs online without the need to visit a
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police station. This modernization aims to increase accessibility to justice and

reduce corruption.
 Constitutional Dimension: This aligns with Article 14 of the Constitution,
which guarantees equality before the law. By providing digital access to the
criminal justice system, the BNSS ensures that all citizens, regardless of their
geographical or socio-economic status, can seek justice without
discrimination.

3. Bail Reforms

 Provision: BNSS simplifies the process of obtaining bail for minor offenses
and strengthens provisions for anticipatory bail and default bail. It ensures
that individuals accused of petty offenses are not unnecessarily detained,
reducing the burden on the judicial system.
 Constitutional Dimension: Article 21 guarantees the right to life and personal
liberty, which includes protection from unlawful detention. Bail reforms under
BNSS strengthen the individual's right to freedom and ensure that detentions
are not arbitrary or excessively prolonged.

4. Zero FIR and Jurisdiction

 Provision: The BNSS retains and formalizes the concept of Zero FIR, allowing
citizens to file an FIR at any police station, irrespective of the place of the
offense. This is particularly important in cases of urgency or when the victim
is unable to reach the appropriate police station.
 Constitutional Dimension: This provision aligns with the constitutional right to
access justice (Article 21) by ensuring that victims can file complaints quickly
without being hindered by jurisdictional limitations, which can delay justice in
critical situations.

5. Victim Rights and Compensation

 Provision: The BNSS strengthens the rights of victims by providing for victim
compensation even in cases where the accused is acquitted due to lack of
evidence. Victims are also given the right to participate more actively in the
legal process and are entitled to be kept informed about case proceedings.
 Constitutional Dimension: This provision is linked to Article 21 (the right to
life), ensuring that victims of crime are provided justice through
compensation, addressing the harm caused, even if a conviction is not
secured. It also supports Article 14’s guarantee of equal protection of the law
by making sure that victims are not ignored in the criminal justice process.

6. Community Service as a Form of Punishment

 Provision: BNSS introduces community service as an alternative punishment

for minor offenses. Instead of imprisonment, offenders may be required to
engage in community work, which serves as both a reformative and
rehabilitative measure.
 Constitutional Dimension: This reflects a reformative approach to justice,
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consistent with the right to dignity under Article 21, focusing on rehabilitation
rather than punitive incarceration, which can often lead to further alienation of
the offender from society.

7. Witness Protection and Rights

 Provision: BNSS strengthens provisions for the protection of witnesses,

ensuring that they are not harassed or threatened during investigations and
trials. Special protections are provided in cases involving heinous crimes.
 Constitutional Dimension: Protecting witnesses upholds the right to a fair
trial under Article 21. The Supreme Court has recognized the need for witness
protection as a critical component of ensuring justice, particularly in cases
where the accused has considerable influence or power.

8. Use of Technology in Investigations and Trials

 Provision: BNSS encourages the use of e-courts, video conferencing, and

digital evidence collection in both investigations and trials. This
modernization aims to reduce delays and enhance the transparency of legal
proceedings.
 Constitutional Dimension: This provision supports Article 39A, which directs
the state to ensure that the operation of the legal system promotes justice on
the basis of equal opportunity. By using technology, BNSS enhances
accessibility to justice, particularly for citizens in remote areas or those who
cannot attend court in person.

9. Fast-Track Courts for Gender-Based and Child-Related Crimes

 Provision: BNSS emphasizes fast-tracking trials for crimes against women

and children, including sexual offenses, domestic violence, and child abuse. It
aims to ensure quicker justice delivery in such sensitive cases.
 Constitutional Dimension: Fast-track courts for gender-based crimes uphold
Article 15, which prohibits discrimination on the grounds of sex, and Article
21, ensuring protection of women’s and children’s rights to dignity and justice.
It also resonates with Article 51A(e), which enjoins citizens to renounce
practices derogatory to the dignity of women.

10. Stringent Penalties for Heinous Crimes

 Provision: The BNSS imposes more stringent penalties for heinous crimes
such as terrorism, rape, organized crime, and offenses against women and
children. These provisions aim to deter severe criminal activities and protect
society from threats to public order.
 Constitutional Dimension: By enforcing stricter penalties for grave offenses,
the BNSS seeks to balance the state's duty to maintain public order (Article
19(2)) and the right to personal security (Article 21) of its citizens. This
reinforces the constitutional responsibility of the state to protect individuals
from violence and lawlessness.
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11. Greater Accountability for Law Enforcement

 Provision: BNSS introduces mechanisms for increasing the accountability of

police and investigative authorities. There are provisions for scrutinizing
arbitrary arrests, wrongful detention, and custodial torture, with penalties for
violations of procedural safeguards.
 Constitutional Dimension: This is in line with Article 22, which provides
safeguards against arbitrary arrest and detention. The Supreme Court has
reiterated the need for procedural fairness in criminal investigations, and the
BNSS builds on this constitutional protection by holding law enforcement
accountable for rights violations.

12. Right to Legal Aid and Counsel

 Provision: BNSS reiterates the right of accused persons to access free legal
aid and the right to be defended by a counsel of their choice. This is crucial
for ensuring that individuals, particularly those from economically weaker
sections, are not denied justice due to lack of resources.
 Constitutional Dimension: This provision directly supports Article 39A, which
mandates the state to provide free legal aid to ensure that justice is not
denied to any citizen by reason of economic or other disabilities. The right to
legal representation is also part of the broader guarantee of fair trial rights
under Article 21.

Summary of Constitutional Dimensions in BNSS

 Article 14 (Equality before the law): Ensured through provisions like online
FIRs, equal access to justice, and transparency.
 Article 21 (Right to life and personal liberty): Reflected in time-bound
investigations, bail reforms, protection of witnesses, victim compensation,
and a focus on fair trials.
 Article 22 (Protection against arbitrary arrest): Strengthened through
increased police accountability and procedural safeguards in arrest and
detention.
 Article 39A (Equal justice and free legal aid): Promoted through access to
legal aid and the use of technology in criminal justice proceedings.
 Article 51A(e) (Fundamental duties regarding dignity of women): Fast-track
courts for gender-based crimes and child protection align with this.

Key Amendments and Differences from the CrPC

1. FIR Registration:
o The BNSS emphasizes simplified and digital registration of FIRs,
especially for non-serious offenses. This marks a shift from the more
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bureaucratic approach under the CrPC.

2. Compensation to Victims:
o Under the CrPC, victim compensation existed but was less emphasized.
The BNSS brings it to the forefront, making compensation an integral
part of criminal justice delivery.
3. Technology-Driven Justice:
o While the CrPC provided for some use of technology, the BNSS
promotes extensive use of technology in investigations, case tracking,
and trials to modernize the justice system.
4. Focus on Timely Justice:
o Unlike the CrPC, the BNSS introduces stricter deadlines for various
stages of criminal proceedings (like investigation timelines), aiming to
reduce the delays that have plagued the system.
5. Alternative Sentencing:
o The introduction of community service as a sentencing option is a new
provision that the CrPC did not specifically emphasize.

Summary of Important Areas for LLB Exams (KSLU Pattern)

1. Differences between CrPC and BNSS – This is a key exam topic where
students may be asked to explain the reforms introduced by BNSS.
2. Procedural Aspects – Focus on FIR registration, investigation timelines, bail
procedures, and trial timelines, as these are central to procedural law.
3. Victim and Witness Rights – Questions may focus on how BNSS enhances
protections for victims and witnesses compared to CrPC.
4. Technology in Justice – Expect questions on how the BNSS modernizes
criminal procedure through technology.
5. Rehabilitation and Alternative Sentencing – Community service as a form of
punishment is an important topic.
6. Focus on Gender-Based Crimes – Pay special attention to the reforms
concerning women and children, as these are frequently tested areas.

CLASSIFICATIONS OF OFFENCES UNDER BNSS

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023 is a major legislative reform
that updates and replaces the Criminal Procedure Code (CrPC) of 1973, while
continuing to define and classify offenses in a structured manner. The definitions
and classifications of offenses in BNSS are crucial to understanding how various
crimes are handled in the Indian criminal justice system, as they determine the
procedures for investigation, prosecution, trial, and punishment.

Definitions of Offenses under BNSS

An offense under BNSS refers to any act or omission made punishable by law. The
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BNSS classifies offenses into various categories based on the nature and
seriousness of the crime, and the consequences for the accused and society. These
offenses can be broadly categorized based on severity, cognizability, bailability, and
the mode of trial.

Classifications of Offenses under BNSS

The classification of offenses in the BNSS is based on several legal distinctions. The
major categories are:

1. Cognizable and Non-Cognizable Offenses

 Cognizable Offenses:
o Definition: These are serious offenses where the police have the
authority to arrest an accused without a warrant and can start an
investigation without the permission of a magistrate.
o Examples: Murder, rape, robbery, kidnapping, and other serious crimes.
o Importance in BNSS: Under the BNSS, cognizable offenses are given
priority in terms of investigation and trial due to their grave nature and
the immediate threat they pose to public safety.
 Non-Cognizable Offenses:
o Definition: These are less serious offenses where the police cannot
arrest without a warrant, and an investigation can only be initiated with
the permission of a magistrate.
o Examples: Defamation, public nuisance, and minor assaults.
o Importance in BNSS: The BNSS requires victims of non-cognizable
offenses to approach the court for redress, ensuring that law
enforcement focuses on more serious crimes.

2. Bailable and Non-Bailable Offenses

 Bailable Offenses:
o Definition: In these cases, the accused has the right to be released on
bail, either by the police or the court, upon fulfilling the necessary
conditions.
o Examples: Offenses like minor theft, simple assault, or public nuisance.
o Importance in BNSS: BNSS makes provisions for automatic bail for
minor offenses, ensuring that individuals are not unnecessarily
incarcerated for petty crimes.
 Non-Bailable Offenses:
o Definition: These offenses are more serious in nature, and bail is not
granted as a matter of right. The court has the discretion to grant or
deny bail after considering various factors like the seriousness of the
offense, the likelihood of the accused fleeing, and the danger posed to
society.
o Examples: Murder, rape, kidnapping, terrorism, and other serious
crimes.
o Importance in BNSS: Non-bailable offenses are treated with strict
procedures under BNSS, focusing on public safety and ensuring that
only deserving cases are granted bail.
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3. Compoundable and Non-Compoundable Offenses

 Compoundable Offenses:
o Definition: These are offenses where the complainant or victim can
reach a compromise with the accused, and the case can be withdrawn
with the permission of the court.
o Examples: Cases of simple hurt, minor assault, defamation, or breach
of trust.
o Importance in BNSS: BNSS allows for a restorative approach in cases
of compoundable offenses, where reconciliation between parties is
possible without the need for a prolonged trial.
 Non-Compoundable Offenses:
o Definition: In these offenses, the victim or complainant cannot
withdraw the complaint, and the case must be prosecuted by the state.
These are generally more serious offenses that affect society at large.
o Examples: Murder, rape, robbery, or terrorism.
o Importance in BNSS: BNSS ensures that non-compoundable offenses
are prosecuted with full rigor, as they involve greater harm to public
order and safety.

4. Offenses Against the State and Public Tranquility

 Definition: These offenses threaten the security and sovereignty of the state
or disturb public peace and order.
 Examples:
o Treason, waging war against the state: Acts that undermine the
authority of the government or threaten national security.
o Unlawful assembly, rioting, sedition: Acts that disrupt public peace or
incite violence against the government.
 Importance in BNSS: The BNSS places a high emphasis on protecting the
integrity of the state and maintaining public order. Offenses in this category
are treated with the utmost severity.

5. Offenses Affecting Human Body and Property

 Offenses Against the Human Body:

o Definition: These offenses involve physical harm or threat to
individuals.
o Examples: Murder, homicide, kidnapping, rape, assault, and grievous
hurt.
o Importance in BNSS: Offenses against the human body are treated as
serious crimes under BNSS, with stringent penalties and fast-tracked
trials, especially for offenses like rape and crimes against women and
children.
 Offenses Against Property:
o Definition: These involve illegal interference with someone’s property
or possessions.
o Examples: Theft, robbery, burglary, extortion, misappropriation, and
criminal trespass.
o Importance in BNSS: The BNSS ensures quick action and recovery in
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cases involving property offenses, providing remedies like

compensation to victims.

6. Economic Offenses and White-Collar Crimes

 Definition: These are crimes that involve illegal financial transactions or

deceit for economic gain, often committed by individuals in positions of trust
or authority.
 Examples: Fraud, embezzlement, money laundering, tax evasion, and
cybercrimes.
 Importance in BNSS: BNSS provides for stringent measures and specialized
agencies to investigate and prosecute economic offenses, recognizing their
impact on national and economic stability.

7. Offenses Against Women and Children

 Definition: These offenses involve physical, emotional, or sexual harm to

women and children, who are considered vulnerable sections of society.
 Examples: Rape, dowry harassment, child abuse, domestic violence,
trafficking, and sexual harassment.
 Importance in BNSS: The BNSS prioritizes the protection of women and
children, ensuring fast-track trials and stringent punishments for offenders. It
aligns with constitutional principles of protecting the dignity and safety of
women and children.

8. Special and Local Laws

 Definition: In addition to the general offenses under BNSS, there are special
offenses defined under special laws (such as anti-terrorism laws, anti-
corruption laws) and local laws that may vary by region or community.
 Examples: Offenses under the Prevention of Corruption Act, Narcotic Drugs
and Psychotropic Substances Act, Arms Act, etc.
 Importance in BNSS: BNSS integrates provisions for handling offenses under
these special and local laws, ensuring coordination between general criminal
law and these specific statutes.

Summary of Classification of Offenses under BNSS

Classification Definition Examples

Police can arrest without a
Cognizable Offenses Murder, Rape, Robbery
warrant
Non-Cognizable Police require a warrant for Defamation, Public
Offenses arrest Nuisance
Minor Theft, Public
Bailable Offenses Right to bail exists
Nuisance
Non-Bailable Offenses No right to bail; court discretion Murder, Terrorism, Rape
Offenses that can be
Compoundable
compromised with victim’s Simple Hurt, Defamation
Offenses
consent
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Classification Definition Examples

Non-Compoundable No compromise allowed, must
Murder, Rape, Terrorism
Offenses be prosecuted
Offenses Against the Threaten national security or Sedition, Treason, Waging
State public order War Against the State
Offenses Against Harm to individuals’ physical
Murder, Assault, Rape
Human Body integrity
Offenses Against Unlawful interference with
Theft, Burglary, Extortion
Property property
Financial crimes or white-collar Fraud, Money Laundering,
Economic Offenses
crimes Tax Evasion
Offenses Against Rape, Domestic Violence,
Harm to women and children
Women/Children Child Abuse
Conclusion

The BNSS 2023 maintains a clear and comprehensive classification of offenses,

ensuring that crimes are categorized based on their severity, impact, and legal
procedures required for their prosecution. These classifications help law
enforcement, prosecutors, and the judiciary in determining the appropriate
investigation methods, punishments, and remedies for each offense, while ensuring
that justice is served efficiently and fairly.

EXPLAIN BAIL AND BAIL BOND UNDER BNSS

Bail and Bail Bond under Bharatiya Nagarika Suraksha Sanhita (BNSS)
2023

Bail and bail bonds are legal mechanisms under the criminal procedure that allow an
accused person to be temporarily released from custody, typically pending the trial,
under certain conditions. The purpose of bail is to ensure that the accused appears
in court for hearings and the trial, while also balancing the presumption of innocence
until proven guilty.

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023, which updates the earlier
Criminal Procedure Code (CrPC), includes modernized provisions regarding bail,
streamlining the process and ensuring that it is more transparent and accessible.

1. Meaning of Bail under BNSS

Bail refers to the temporary release of an accused person from custody, on the
condition that they will appear before the court at future dates for hearings and the
trial. The primary aim of bail is to prevent unnecessary detention of individuals
accused of a crime, unless there is a significant reason to believe that they may flee,
tamper with evidence, or commit further crimes.

 Granting of Bail: Bail is granted based on several factors, including the nature
and seriousness of the offense, the likelihood of the accused appearing at
trial, and the possibility of the accused committing further crimes.
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 Right to Bail: In certain cases, such as bailable offenses, the accused has a
right to bail. For non-bailable offenses, bail may be granted at the discretion
of the court.

2. Classification of Bail under BNSS

The BNSS, like the CrPC, classifies offenses into bailable and non-bailable
categories, and the bail procedures vary accordingly.

a. Bailable Offenses

 Definition: In bailable offenses, bail is a matter of right, and the accused has
the right to be released on bail either by the police officer or by the court.
 Process: In cases of bailable offenses, when the accused is arrested, they
can apply for bail. The police officer or court is obliged to release the accused
upon furnishing the bail amount.
 Examples: Minor offenses such as simple assault, minor theft, or public
nuisance.

Key Features of Bail in Bailable Offenses:

 The bail is typically granted by the police station itself after the arrest.
 If bail is refused by the police, the accused can approach the court to secure
bail.
 Bail can be granted on personal bond or by furnishing a bail bond.

b. Non-Bailable Offenses

 Definition: In non-bailable offenses, bail is not a matter of right. It can only be

granted by a magistrate or judge at their discretion, based on the specifics of
the case.
 Process: For non-bailable offenses, the accused must approach the court for
bail. The court will decide whether bail should be granted based on factors
such as:
o The seriousness of the offense.
o The likelihood of the accused fleeing or tampering with evidence.
o The threat posed by the accused to the public.
 Examples: Serious offenses like murder, rape, kidnapping, and terrorism.

Key Features of Bail in Non-Bailable Offenses:

 The accused is not automatically entitled to bail.

 Bail may be denied if the court believes that the accused might abscond or
influence witnesses.
 Courts have the discretion to impose stringent conditions on the accused if
bail is granted.

3. Types of Bail in BNSS

The BNSS provides for several types of bail based on the stage of the criminal
 17

process and the discretion of the court:

a. Regular Bail

 Definition: This is bail granted to an accused after they have been arrested. It
is the most common form of bail, where the court releases the accused
pending the trial.
 When Granted: It is granted after the accused has been arrested and applies
for release before the trial.

b. Interim Bail

 Definition: This is temporary bail granted for a short period, typically while the
court is considering a regular bail application.
 When Granted: It is granted when the accused applies for regular bail, but the
court needs more time to make a decision. It serves as a temporary release in
the interim.

c. Anticipatory Bail

 Definition: Anticipatory bail is a pre-arrest bail, granted when a person

anticipates that they might be arrested for a non-bailable offense. The
purpose is to protect the person from arrest.
 When Granted: It is applied for before the arrest and is granted by the
sessions court or the High Court. This is usually used in cases where the
accused fears false accusations or malicious prosecution.
 Conditions: The court can impose conditions on the accused to ensure they
cooperate with the investigation, such as surrendering their passport or
reporting to the police regularly.

4. Bail Bond under BNSS

A bail bond is a legal document that acts as a guarantee for the accused’s
appearance in court. It involves two essential elements:

a. Personal Bond

 Definition: A personal bond (also known as a "self bond") is a promise made

by the accused to the court that they will appear for all required court
proceedings.
 No Surety or Payment: In a personal bond, the accused does not have to
furnish any money or sureties. Instead, they sign a bond agreeing to pay a
certain amount if they fail to appear in court as required.

b. Surety Bond

 Definition: A surety bond involves a third party (usually a relative or friend)

who guarantees that the accused will appear in court.
 Role of Surety: The surety is liable to pay a specified amount to the court if
the accused fails to appear. This amount is agreed upon at the time of
 18

granting bail.
 Process: The accused or their representative must furnish the bail amount or
surety bond to the court or police. If the accused violates the conditions of
bail, the surety may be forfeited.

5. Conditions for Granting Bail under BNSS

Under BNSS, courts can impose specific conditions when granting bail to ensure that
the accused complies with the judicial process. These conditions may include:

 Restrictions on Movement: The accused may be asked to remain within a

particular jurisdiction or region.
 Surrender of Passport: In certain cases, the court may require the accused to
surrender their passport to prevent them from fleeing the country.
 Regular Reporting to Police: The accused may have to report regularly to a
local police station during the period they are out on bail.
 Prohibition on Contacting Witnesses: The accused may be barred from
contacting witnesses to prevent tampering with evidence or influencing
testimonies.

The court ensures that these conditions strike a balance between allowing the
accused freedom and ensuring their availability for trial.

6. Cancellation of Bail

Bail granted under BNSS can be canceled if the accused violates any conditions of
the bail, such as:

 Failing to appear in court as required.

 Attempting to flee the jurisdiction.
 Tampering with evidence or intimidating witnesses.
 Committing further offenses while out on bail.

If such violations occur, the court has the authority to revoke bail and order the
immediate arrest of the accused.

7. Judicial Discretion in Granting Bail under BNSS

While the right to bail exists in certain bailable offenses, the judicial discretion in
granting bail for non-bailable offenses plays a crucial role in ensuring justice. The
courts consider various factors when deciding bail applications, including:

 Nature and Gravity of the Offense: Serious offenses, especially those

involving violence or a threat to public safety, are less likely to result in bail.
 Likelihood of Absconding: If the court believes that the accused may flee, bail
may be denied.
 Criminal Antecedents: Past criminal records can influence whether or not the
court grants bail.
 Risk of Witness Tampering: The court assesses whether the accused might
attempt to influence or intimidate witnesses.
 19

The BNSS thus ensures a fair balance between the right to personal liberty (Article
21 of the Constitution) and the interest of justice.

Conclusion

Bail and bail bonds under the Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023
play a crucial role in balancing individual liberty and the requirements of justice. Bail
provides a way for the accused to remain free during the trial while ensuring that
they comply with the judicial process. The BNSS reforms aim to make the bail
process more transparent and efficient while protecting the rights of both the
accused and society.

Bond under Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023

A bond under the Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023 refers to a
legal agreement where an individual (usually the accused or another party acting on
their behalf) promises to fulfill certain conditions, particularly appearing before the
court as required, in exchange for being released from custody. The bond acts as a
security or guarantee to ensure that the person complies with court orders.

In the context of BNSS, bonds are primarily associated with the bail process, but they
may also be required in other situations, such as when an individual is required to
keep the peace, refrain from certain activities, or attend court proceedings.

Types of Bonds under BNSS

Under BNSS, bonds can be classified primarily into two categories:

1. Personal Bond (also called a "self bond" or "recognizance")

2. Surety Bond

1. Personal Bond

A personal bond refers to an undertaking or promise made by the accused or any

other person without furnishing a surety. In this type of bond, the accused agrees to
comply with certain conditions, such as appearing in court, and to pay a specified
sum of money if they fail to fulfill those conditions.

Key Features of Personal Bond:

 No Surety Required: In a personal bond, the accused is not required to provide

a third-party guarantor or surety. The individual gives their own assurance to
the court.
 Monetary Penalty: While the individual doesn’t pay any money upfront, they
promise to pay a certain amount if they violate the terms of the bond (e.g., if
they fail to appear in court).
 When Granted: Personal bonds are usually granted in less serious offenses
 20

where the accused is considered unlikely to flee or commit further offenses.

Courts may also offer personal bonds to individuals with a clean record or
when the accused cannot afford a surety.

Example of Use:

 In cases of bailable offenses or when the court believes that the accused can
be trusted to appear for trial, a personal bond may be accepted.

Objective:

 To ensure that even those who cannot afford to pay money or provide a surety
are given a chance to be released from custody, in line with the principle of
personal liberty.

2. Surety Bond

A surety bond involves a third party (called a surety) who guarantees that the
accused will comply with the conditions of bail, such as appearing before the court
as required. If the accused violates the bond's conditions, the surety is held liable to
pay the bond amount.

Key Features of Surety Bond:

 Role of the Surety: The surety is often a family member, friend, or

acquaintance who promises to ensure that the accused follows the court’s
orders and attends all hearings.
 Financial Liability: The surety assumes the financial responsibility for the
accused’s compliance. If the accused fails to appear or violates any other
condition of bail, the surety is required to pay the specified amount of money
to the court.
 Surety's Responsibility: The surety must be financially stable and must prove
to the court that they have the means to pay the bond amount if necessary.

Example of Use:

 In cases of non-bailable offenses or when the court deems that additional

security is needed to ensure the accused's presence, a surety bond is required.

Objective:

 To create a strong financial incentive for the accused to appear in court and
comply with other conditions set by the court.

Conditions of Bonds under BNSS

Whether it is a personal bond or a surety bond, the court can impose certain
conditions that the accused must comply with as part of their release. These
conditions can include:
 21

 Appearing for all court hearings: The accused must attend every court
hearing as required.
 Restricting movement: The court may restrict the accused's movement within
a particular area or require them to stay within a certain jurisdiction.
 Surrendering passport: To prevent the accused from leaving the country, the
court may order the surrender of the accused's passport.
 Reporting to a police station: The court may require the accused to regularly
report to a designated police station until the trial is concluded.
 Avoiding contact with witnesses: To prevent witness tampering, the court
may order the accused to avoid any contact with witnesses involved in the
case.

Forfeiture of Bond

If the accused violates the conditions of the bond, such as failing to appear for court
hearings or committing another offense while on bail, the bond may be forfeited.

 Personal Bond Forfeiture: In the case of a personal bond, the accused would
be liable to pay the specified amount they had agreed to for their release.
 Surety Bond Forfeiture: In the case of a surety bond, the surety (the third party)
would be required to pay the bond amount if the accused fails to comply with
the bail conditions.

Upon forfeiture, the court may also order the immediate arrest of the accused.

Release on Bond under BNSS

Under BNSS, the procedure for release on a bond is streamlined to ensure efficiency
and fairness. Some important aspects include:

 Simplification of Bail Procedures: BNSS aims to reduce procedural delays in

releasing individuals on bail or bond, especially in minor offenses.
 Recognizing the Right to Liberty: By providing for personal bonds, BNSS
emphasizes the importance of personal liberty and avoids unnecessary
detention, especially for those who cannot afford financial sureties.
 Conditional Release: Courts have the power to set specific conditions based
on the nature of the offense and the circumstances of the accused to ensure
that the accused does not flee or interfere with the trial process.

Importance of Bonds in Criminal Justice

Bonds under the BNSS play a critical role in ensuring:

 Balance between Liberty and Public Safety: Bonds provide a means to

release the accused from custody while ensuring they do not evade the legal
process.
 Preventing Overcrowding in Jails: By allowing for personal and surety bonds,
BNSS prevents unnecessary detention of individuals, reducing overcrowding
in jails.
 Fairness in Legal Proceedings: Bonds ensure that even accused individuals
 22

with limited financial resources can be released pending trial, maintaining

fairness and equality in the judicial process.

Conclusion

Bonds under BNSS are a vital legal mechanism that balance the accused's right to
liberty with the interests of justice. By providing options such as personal bonds
(which don’t require financial surety) and surety bonds (which involve a third party
guarantee), BNSS ensures that individuals are not unnecessarily detained, while also
providing legal safeguards to ensure their compliance with court proceedings

AUDIO VIDEO ELECTRONIC MEANS IN BNSS

Audio-Video Electronic Means in Bharatiya Nagarika Suraksha Sanhita

(BNSS) 2023

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023, a modernized code

replacing the Criminal Procedure Code (CrPC) of 1973, introduces significant
reforms to streamline the criminal justice process and incorporate advancements in
technology. One of the notable features of BNSS is the use of audio-video electronic
means in various stages of criminal proceedings.

The inclusion of electronic means serves several purposes:

 To enhance the efficiency of legal proceedings.

 To improve transparency and ensure that justice is both accessible and timely.
 To accommodate the modern technological advancements and reduce delays.

1. Use of Audio-Video Electronic Means in Criminal Proceedings

Under BNSS 2023, audio-video electronic means refer to the use of video
conferencing, electronic records, and digital media in various stages of criminal
investigations, trials, and post-trial procedures. This includes virtual hearings,
electronic recording of evidence, and digital submission of documents, among other
uses.

Key Provisions for Audio-Video Use:

 Virtual Court Proceedings: BNSS allows for court hearings to be conducted

using video conferencing, particularly in situations where physical presence
may not be possible or practical. This is especially useful in situations such as:
o Remand hearings for accused persons.
o Bail hearings and other interim proceedings.
o Examination of witnesses who cannot be physically present in court.
 Electronic Recording of Evidence: Witnesses can testify via video link, and
their depositions can be electronically recorded. This helps:
 23

o Speed up the process by allowing remote testimonies.

o Safeguard the rights of witnesses who may be vulnerable or at risk if
they appear in person.
 Examination of Prisoners through Video Conferencing: Under BNSS,
prisoners can be produced in court virtually through video conferencing rather
than being physically transported from jails to courtrooms, which:
o Reduces the burden on law enforcement agencies.
o Saves time and resources.
o Enhances the safety of both the accused and the public.
 Virtual Examination of Foreign or Outstation Witnesses: BNSS allows the
recording of statements or evidence from witnesses located in other
countries or far-off locations through electronic means, eliminating the need
for their physical presence in court.

2. Filing of Documents and Digital Evidence

BNSS facilitates the electronic submission of legal documents, evidence, and

applications to streamline legal processes. It promotes:

 E-filing of police reports, charge sheets, and other essential documents.

 Digital recording of confessions and statements of witnesses, ensuring they
are preserved in a tamper-proof format.

This move reduces delays caused by manual filing systems and increases the
reliability and security of legal documents and evidence.

3. Video Recording of Confessions and Statements

BNSS mandates the video recording of certain procedures, such as confessions and
statements made before the magistrate under Sections 161 and 164 of the CrPC
(now incorporated in BNSS). This ensures:

 Transparency: The process is recorded in real-time, reducing the likelihood of

coercion or manipulation of confessions.
 Safeguarding Rights: Video recording ensures that the accused's rights are
respected, and the evidence is captured accurately.

Such recordings provide stronger evidentiary value in courts, as they offer an

unalterable record of what transpired during interrogation or confession.

4. Protection of Vulnerable Witnesses

BNSS recognizes the need to protect vulnerable witnesses, such as victims of

sexual offenses, children, and persons with disabilities, by allowing them to testify
via video conferencing or other electronic means. This provision:

 Minimizes trauma: Allowing the witness to testify remotely prevents re-

victimization or intimidation by the accused.
 Encourages truthful testimony: By creating a safer environment, witnesses
can testify without fear of reprisal.
 24

5. Remote Investigation and Digital Submission of Charge sheets

BNSS also allows remote submission of chargesheets, police reports, and

investigation reports via electronic means, which helps law enforcement agencies:

 Expedite the investigative process.

 Streamline interactions between investigative agencies and the judiciary.

This provision aids in handling large volumes of digital evidence such as emails,
financial records, and surveillance footage, which can be easily shared electronically.

6. Technology in Forensic and Digital Evidence

Incorporating electronic means in BNSS extends to the collection and use of digital
and forensic evidence. The law provides for:

 Electronic preservation of forensic evidence, such as DNA samples,

fingerprints, and digital footprints.
 Digital documentation of crime scenes using video recording or 3D mapping
technologies.

This integration improves the quality of evidence presented in court and helps
maintain its integrity.

7. Safeguards and Limitations

While BNSS encourages the use of audio-video electronic means, it also establishes
safeguards to ensure that:

 The right to a fair trial is maintained.

 All evidence is authenticated to prevent tampering or misuse.
 Video conferencing facilities are used only when it is in the interest of justice
and does not prejudice any party involved.

The court has the discretion to determine when the use of electronic means is
appropriate, ensuring that the rights of the accused and other stakeholders are fully
protected.

8. Enhancing Access to Justice

By incorporating audio-video electronic means, BNSS promotes access to justice for

all citizens, particularly:

 Rural and remote areas where physical access to courts may be limited.
 Persons with disabilities or individuals who are unable to attend court due to
health issues.

This modernization of the criminal procedure law ensures that justice is accessible,
efficient, and in line with 21st-century technological advancements.
 25

Conclusion

The use of audio-video electronic means in the Bharatiya Nagarika Suraksha

Sanhita (BNSS) 2023 marks a significant step toward modernizing India’s criminal
justice system. It ensures faster trials, reduces delays, and brings efficiency while
protecting the rights of all parties involved. By incorporating these digital tools, BNSS
aims to make the judicial system more responsive to the needs of both the public
and the law enforcement agencies.

VICTIM UNDER BNSS

Victim under the Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023, which replaces the Criminal
Procedure Code (CrPC) of 1973, significantly enhances the rights and protections
afforded to victims of crime. In the context of BNSS, a victim is recognized as a
person who has suffered harm, injury, or loss as a result of a crime. This harm could
be physical, emotional, mental, or financial, and the law seeks to ensure that victims
are provided adequate rights, protection, and remedies.

Definition of Victim under BNSS

A victim under the BNSS 2023 includes:

 A person who has suffered physical or mental injury or suffered a loss due to
an offense.
 The term also extends to include the legal heirs or representatives of the
victim in case the victim is deceased or incapable of representing themselves.

Key Rights and Provisions for Victims under BNSS 2023

BNSS 2023 strengthens the legal rights of victims by granting them more
involvement in the criminal justice process, ensuring their safety, and providing
mechanisms for compensation and rehabilitation. Some of the salient rights and
provisions for victims under BNSS include:

1. Right to Participation in Criminal Proceedings

Under BNSS, victims are given a more active role in the criminal justice process.
Victims are now allowed to:
 26

 Participate in Court Proceedings: Victims have the right to attend and

participate in court proceedings related to the crime committed against them.
This includes appeals and other post-trial hearings.
 Right to be Heard: Victims have the right to present their perspective before
the court during important stages of the trial, such as bail hearings, plea
bargains, and sentencing. Their views must be considered by the court when
making decisions.
 Assistance in Prosecution: BNSS grants the victim the right to engage an
advocate of their choice to assist the prosecution, especially in serious cases,
enhancing their access to legal support.

2. Right to Information

BNSS 2023 emphasizes the victim’s right to information throughout the legal
process. Victims are entitled to:

 Information about Legal Proceedings: The police, prosecution, and courts are
required to keep the victim informed of all stages of the case, including arrest,
bail, trial dates, and the final outcome.
 Information about Rights: Victims must be made aware of their rights to
compensation, protection, and assistance throughout the trial process.

This provision ensures transparency and empowers victims to stay engaged in the
legal process.

3. Right to Protection

BNSS recognizes that victims, especially those of serious crimes (such as sexual
offenses, domestic violence, or crimes involving organized crime), may face threats,
intimidation, or coercion. As a result, the law provides for various protective
measures:

 Witness Protection Schemes: Victims and witnesses who face threats or

danger can be protected under witness protection programs. This could
involve relocation, anonymity, or other protective measures.
 Restraining Orders: Courts may issue restraining orders preventing the
accused from contacting or approaching the victim during the course of the
trial to ensure the victim’s safety.

4. Right to Compensation

One of the notable features of BNSS 2023 is the expanded scope of compensation
for victims. The law recognizes that victims often suffer not just physically but also
financially and emotionally. BNSS provides mechanisms for compensating victims in
the following ways:

 Victim Compensation Scheme: BNSS mandates that states implement victim

compensation schemes to provide financial compensation to victims who
have suffered loss or injury as a result of a crime. This compensation is
intended to cover:
 27

o Medical expenses,
o Loss of livelihood,
o Rehabilitation costs, and
o Emotional and mental trauma recovery.
 Compensation from Accused: In cases where the accused is convicted, the
court can order the convicted person to pay compensation to the victim for
the harm suffered.
 Interim Compensation: Victims can also be awarded interim compensation
during the trial, especially if they require immediate financial assistance.

5. Right to Rehabilitation

BNSS ensures that victims are not only compensated but also provided with access
to rehabilitation services. This is particularly important for victims of serious
offenses such as sexual violence, human trafficking, and terrorism. The
rehabilitation services under BNSS include:

 Counseling and Mental Health Services: Victims are entitled to counseling

services, psychological support, and therapy to help them cope with the
trauma they have experienced.
 Medical Assistance: Victims are provided with access to free medical
treatment if they suffer injuries as a result of the crime.
 Social Support Services: BNSS provides that victims should have access to
social services that assist in reintegrating them into society, ensuring that
their dignity and well-being are restored.

6. Special Provisions for Vulnerable Victims

BNSS includes special provisions for vulnerable victims, such as:

 Victims of Sexual Offenses: Special protections are afforded to victims of

sexual offenses, ensuring their dignity and privacy throughout the trial
process. Courts are required to conduct proceedings in a way that minimizes
trauma, including in-camera trials (closed trials) for sexual offense cases.
 Children and Disabled Victims: Victims who are children or individuals with
disabilities are given additional protection. Their testimony can be recorded
through video conferencing or other electronic means, and special care is
taken to ensure that the trial does not cause them further distress.

7. Right to Appeal

Under BNSS, victims are given the right to appeal in certain cases. If the victim is
dissatisfied with the outcome of the trial, such as the acquittal of the accused or the
leniency of the sentence, they are entitled to file an appeal in higher courts. This
provision:

 Empowers victims to seek justice if they feel the trial court has erred in its
judgment.
 Ensures that the victim's perspective continues to be considered throughout
the judicial process.
 28

8. Victim Impact Statement

BNSS recognizes the importance of understanding the impact that a crime has had
on the victim. To this end, it allows for the submission of a victim impact statement
during the sentencing stage. This statement:

 Allows the victim to express how the crime has affected their life (emotionally,
financially, and physically).
 Enables the court to consider the victim's suffering when determining an
appropriate sentence for the convicted person.

Conclusion

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023 marks a significant shift
toward a victim-centric approach in India’s criminal justice system. By granting
victims enhanced rights to participate in the trial, seek protection, access
compensation, and secure rehabilitation, BNSS aims to provide a more just and
equitable system. The recognition of victims' rights in a more comprehensive
manner ensures that the criminal justice process not only punishes offenders but
also focuses on the healing and recovery of victims.

INVESTIGATION UNDER BNSS

Investigation under Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023

The Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023, which replaces the Criminal
Procedure Code (CrPC) of 1973, outlines the procedure for the investigation of
offenses to ensure the efficient, transparent, and fair administration of criminal
justice. The investigative process under BNSS has been modernized with the
inclusion of technological advancements and strengthened safeguards to protect
the rights of both the accused and the victim.

1. Meaning and Purpose of Investigation

Investigation under BNSS refers to the systematic process undertaken by the police
or other authorized investigating agencies to:

 Collect evidence,
 Ascertain the facts and circumstances of a crime,
 Identify and apprehend the offenders, and
 Form the basis for prosecution in a court of law.

The primary objective of the investigation is to gather credible and admissible

evidence to support the charge against the accused and to ensure that justice is
served.

2. Stages of Investigation under BNSS

 29

The process of investigation under BNSS typically includes the following stages:

a) Information to Police and Registration of FIR (First Information Report)

 First Information Report (FIR): The process of investigation begins when an

FIR is registered. Any person can provide information about the commission
of a cognizable offense to the police, and the police are required to register an
FIR under Section 154 of BNSS.
 Non-cognizable Offenses: For non-cognizable offenses, the police can only
investigate after obtaining permission from the court.

The registration of the FIR sets the investigation in motion, and the police take up the
task of investigating the matter.

b) Proceeding to the Scene of Crime

 Once the FIR is registered, the police or investigating officer proceeds to the
scene of the crime. Under BNSS, they are empowered to take steps to protect
and preserve evidence at the scene of the offense.
 They must also record observations, take photographs, and gather physical
and forensic evidence from the crime scene.

c) Examination of Witnesses and Recording of Statements

 The investigating officer may examine witnesses and record their statements.
Under Section 161 of BNSS, these statements are crucial for forming the case.
 Statements made by witnesses must be accurate, and BNSS emphasizes the
importance of transparency by encouraging the audio-visual recording of
statements in serious offenses, adding credibility to the evidence.

d) Arrest of Accused

 If the investigation reveals sufficient prima facie evidence against the

accused, the police can arrest the individual. BNSS regulates arrests to ensure
that they are conducted fairly and only when necessary, particularly when the
accused is likely to abscond or tamper with evidence.
 The rights of the accused during arrest, such as the right to be informed of the
grounds of arrest and the right to legal representation, are also protected
under BNSS.

e) Search and Seizure

 BNSS authorizes investigating officers to conduct searches of persons,

premises, or vehicles if they believe that important evidence related to the
crime may be found. The police can also seize any incriminating material
during the investigation.
 Proper documentation and adherence to legal procedures during search and
seizure are mandated under BNSS to prevent any violation of rights.

f) Collection of Evidence
 30

 Evidence collected during the investigation can include:

o Oral evidence from witnesses and victims,
o Documentary evidence, including digital records and communications,
o Physical evidence like weapons, forensic samples, and other items
recovered from the crime scene.

BNSS emphasizes the use of scientific methods and forensic tools in the collection
and preservation of evidence to ensure its reliability and admissibility in court.

g) Filing of Chargesheet

 Once the investigation is complete and sufficient evidence is gathered, the

investigating officer prepares and submits a chargesheet under Section 173
of BNSS. The chargesheet outlines the findings of the investigation, the
evidence collected, and the charges against the accused.
 In the case of insufficient evidence, a closure report is filed, and the case may
not proceed to trial unless further evidence emerges.

h) Further Investigation

 If new evidence or information comes to light, BNSS allows the investigating

agency to conduct further investigation even after the chargesheet has been
filed. This ensures that the investigation remains dynamic and responsive to
any new developments.

3. Technological Advancements in Investigation under BNSS

BNSS introduces several technological innovations to modernize the investigative

process and make it more efficient, transparent, and less prone to errors or
manipulations. Key advancements include:

a) Audio-Video Recording

 BNSS mandates the audio-video recording of certain procedures, such as the

interrogation of accused persons, statements of witnesses, and confessions.
This helps to ensure transparency and reduces the possibility of coercion,
thereby protecting the rights of the accused and witnesses.

b) Digital Filing and Documentation

 Investigating agencies can now file chargesheets, police reports, and other
legal documents electronically. This reduces paperwork, speeds up the
process, and enhances the security and authenticity of these documents.

c) Use of Forensic and Digital Evidence

 BNSS promotes the increased use of forensic science in criminal

investigations. It encourages the collection of DNA samples, fingerprints, and
other forensic evidence to build a more scientifically sound case.
 Digital evidence such as emails, phone records, and surveillance footage can
 31

be used to strengthen the case. Proper procedures for the collection,

preservation, and presentation of digital evidence are outlined to ensure that it
is admissible in court.

4. Role of Magistrates in Investigation

BNSS emphasizes the role of magistrates in supervising certain aspects of the

investigation to prevent abuse of power and ensure the fairness of the process. Key
functions of the magistrate include:

 Monitoring Arrests: When the police arrest a person, they must present the
arrested person before the magistrate within 24 hours, as per Section 57 of
BNSS. The magistrate reviews the grounds for arrest and determines whether
continued custody is necessary.
 Approval of Searches and Seizures: In certain cases, the police need prior
approval from the magistrate to conduct searches or seize property.
 Recording Confessions: Confessions made by the accused must be recorded
before a magistrate to ensure that they are made voluntarily and without
coercion, as per Section 164 of BNSS.

5. Safeguards for Accused and Victims during Investigation

BNSS includes several safeguards to protect the rights of both the accused and the
victims during the investigation process:

a) Rights of the Accused

 Right to Legal Representation: The accused has the right to consult with an
attorney, and if they cannot afford one, the state is required to provide legal
aid.
 Protection against Torture: BNSS ensures that no person in police custody is
subjected to torture or inhumane treatment during interrogation or detention.
 Right to Bail: In certain cases, the accused has the right to apply for bail
during the investigation phase, especially in bailable offenses.

b) Rights of Victims

 Participation in Investigation: Victims have the right to be informed about the

progress of the investigation, and they can assist in providing evidence.
 Right to Protection: Victims, especially those who are vulnerable, can request
protection from the authorities if they fear for their safety during the
investigation.
 Right to Compensation: In cases where victims suffer financial or physical
harm due to the crime, they are entitled to compensation under the Victim
Compensation Scheme.

6. Challenges and Limitations

While BNSS has introduced significant reforms, there are certain challenges that may
arise during the investigative process:
 32

 Implementation of Technology: The widespread use of audio-video

recordings, forensic methods, and digital evidence requires proper
infrastructure, training, and resources, which may be lacking in some areas.
 Delay in Investigations: Despite the reforms, investigations may still face
delays due to backlog, understaffing, or inadequate resources in police
departments.

Conclusion

The investigation process under BNSS 2023 is designed to be more transparent,

efficient, and aligned with modern technological advancements. By focusing on the
collection of reliable evidence, ensuring the rights of the accused and victims, and
providing technological tools to support the investigative process, BNSS seeks to
strengthen the criminal justice system in India. The overarching goal is to ensure a
fair and swift process that balances the rights of individuals with the need to uphold
law and order

Organisation functions and powers Criminal Courts under Bharatiya Nagarika

Suraksha Sanhita

Introduction

The Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 is a comprehensive

legislation aimed at overhauling the existing Criminal Procedure Code (CrPC) of
1973, with the goal of modernizing and improving the criminal justice system in India.
It is part of a larger effort to bring reforms to India’s legal framework, focusing on
improving efficiency, transparency, and safeguarding the rights of both victims and
the accused.

The BNSS outlines detailed procedures for the investigation, prosecution, and trial of
criminal cases while ensuring that fundamental principles of justice, such as the
right to a fair trial and legal representation, are maintained. The Act introduces
several new provisions to ensure faster case resolution, increased use of technology,
victim support, and protection mechanisms. One important aspect of the BNSS is
the clear categorization and constitution of criminal courts, which is essential for the
effective administration of criminal justice.

Classes and Constitution of Criminal Courts under Bharatiya Nagarika

Suraksha Sanhita

The BNSS, 2023, like the CrPC, retains the hierarchical structure of criminal courts,
ensuring the clear delegation of judicial powers at different levels. This structure
allows for an organized and systematic approach to handling criminal cases. Below
is an outline of the classes and constitution of criminal courts under the BNSS:

Supreme Court of India

 33

 Position in Hierarchy: The highest court in India.

 Role: The Supreme Court has jurisdiction over all lower courts in matters of
constitutional law, appeals from High Courts, and certain cases of public
importance. It serves as the final appellate authority in both civil and criminal
matters.
 Constitution: The Supreme Court consists of the Chief Justice of India and
other judges appointed by the President of India, as prescribed by the
Constitution.

High Courts

 Position in Hierarchy: Below the Supreme Court, each state or union territory
has a High Court.
 Role: High Courts have both original jurisdiction (in certain cases) and
appellate jurisdiction over subordinate courts within their jurisdiction. They
also oversee the functioning of lower courts and may revise or review
judgments passed by them.
 Constitution: High Courts consist of the Chief Justice and other judges,
appointed by the President in consultation with the Chief Justice of India and
the Governor of the respective state.

There are four classes of courts other than the High Court and the Special Courts in
every State. According to BNSS, the four classes of Courts are as follows:

 Session Court

 Judicial Magistrate of the first class

 Judicial Magistrate of the second class; and

 Executive Magistrate
In BNSS, the concept of metropolitan magistrate and metropolitan area is removed.
In the Code, the metropolitan magistrate is provided with the powers same as of the
Judicial magistrate of first class. But according to BNSS, there will be no
metropolitan magistrates and metropolitan areas.

Constitution of Session Court

According to Section 8 of BNSS, the Session Court shall only consist of the Session
Judge, who is the presiding officer of the court and the Assistant Session Judges.
The High Court of the particular State shall appoint the presiding officer and may
also appoint Additional Session Judges.

Also, the Session Judge may also pass an order for the distribution of the duties to
all the nominated additional session judges.
 34

Constitution of Court of Judicial Magistrates

According to Section 11 of the Code and the Section 9 of BNSS, the Court of Judicial
Magistrate shall include Court of Judicial Magistrate first class and Court of Judicial
Magistrate second class.

Also, the State Government may after consultation with the High Court may establish
any special court of judicial magistrate of first class or of second class. The
presiding officer of these court shall also be appointed by the High Court.

According to Section 12 of the Code and Section 10 of BNSS, every Judicial

Magistrate of first class shall be appointed as the Chief Judicial Magistrate or
Additional Chief Judicial Magistrate or the Sub-divisional Magistrate by the High
Court.

Also, every Chief Judicial Magistrate shall be subordinate to the Session Judge and
every Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate.

Executive Magistrates

 Position in Hierarchy: Separate from judicial magistrates, these magistrates

perform administrative and executive functions in criminal matters.
 Role: Executive Magistrates are responsible for maintaining public order and
peace, and they have the authority to impose preventive measures (such as
binding individuals to keep peace or good behavior). They handle non-judicial
functions such as issuing orders under preventive sections like Section 144
(prohibiting unlawful assembly).
 Constitution: Executive Magistrates, including District Magistrates and Sub-
Divisional Magistrates, are appointed by the state government. They are
typically government officers with administrative powers rather than judicial
officers.

Special Courts

 Position in Hierarchy: These courts may be set up as necessary to handle

specific types of cases.
 Role: Special Courts are created to handle cases of particular categories, such
as corruption, narcotics, and offenses against women and children (such as
POSCO cases). They ensure that cases requiring specialized legal and judicial
expertise are resolved efficiently.
 Constitution: Special Courts are established by either the central or state
government under specific statutes, with judges appointed based on their
expertise in the area concerned.

Powers of Criminal Courts

According to Section 28 of the Code and Section 22 of BNSS, the High Court may
pass any sentence authorised by the law. The Session Judge and the Additional
 35

Session Judge may pass any sentence authorised by the law but in case of sentence
of death by any of such Judges, it has to be confirmed by the High Court of the
particular State.

Section 29 of the Code and Section 23 of BNSS, the Chief Judicial Magistrate may
pass any sentence except the death punishment, life imprisonment or the
imprisonment for the term exceeding seven years.

The Judicial Magistrate of first class may pass a sentence for a term not exceeding
three years and/or the fine not exceeding fifty thousand rupees. According to the
Code, the maximum fine imposed by the Magistrate of first class is ten thousand
rupees, but it is increased to fifty thousand rupees in BNSS.

Also, the Judicial Magistrate of second class may pass a sentence for the term not
exceeding one year and/or for the fine not exceeding ten thousand rupees.
According to the Code, the maximum imposed by the Magistrate of Second class is
five thousand rupees, but it is increased to ten thousand rupees in BNSS.

According to Section 30 of the Code and Section 24 of BNSS, the court of Judicial
Magistrate may pass sentence for imprisonment in default of fine but not in excess
of the powers given under the Code and BNSS respectively. Also, the punishment
passed in default of fine can be in addition to the punishment passed under 23 of
BNSS.

Also, Section 25 of BNSS deals with the cases of conviction for the several offences.
The said Section states that the court may pass different sentences in a single trial
for different offences committed by the same person subject to section 9 of the
Bhartiya Nyaya Sanhita, 2023. And the Court shall clarify that the sentences shall run
concurrently or Consecutively. But here it should also be noticed that no court shall
send the offender for trial before the higher Court only for the reason the aggregate
of the several punishments is excessing the punishment which it is competent to
inflict on conviction of the single offence.

But the conditions are that no person shall be punished for more than fourteen years
and the total aggregate of the punishments of the total offences shall not exceed
twice the amount of the punishment which the court is competent to inflict for the
single offence.

Conclusion

The Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 retains the established
criminal court hierarchy while incorporating modern reforms to enhance the
efficiency of the judiciary. Courts are classified and structured based on the severity
of offenses they handle, ensuring that justice is administered fairly and expediently.
By refining the duties, powers, and functioning of these courts, the BNSS aims to
make the criminal justice system more transparent, technologically advanced, and
accessible, while preserving the rights of citizens in line with constitutional principles.
 36

Sections 18, 19, and 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deal with
public prosecutors, assistant public prosecutors, and the Directorate of Prosecution:

 Section 18: Covers public prosecutors, including their role in conducting cases in a
district or local area
 Section 19: Covers assistant public prosecutors
 Section 20: Covers the Directorate of Prosecution, including the roles of Deputy
Directors and Assistant Directors of Prosecution

According to Section 18 of the BNSS, for every High Court, the Central Government
or the State Government shall, after consultation with the High Court, appoint a
Public Prosecutor and may also appoint one or more Additional Public Prosecutors,
for conducting in such Court, any prosecution, appeal or other proceeding on behalf
of the Central Government or the State Government,
as the case may be:

Section 19 ,Appointment of Assistant Public Prosecutors

(1) The State Government shall appoint in every district one or more Assistant Public
Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) The Central Government may appoint one or more Assistant Public Prosecutors
for the purpose of conducting any case or class of cases in the Courts of
Magistrates.

Provided that no police officer shall be eligible to be appointed as an Assistant

Public Prosecutor, if he -

 (a) has taken any part in the investigation into the offence with respect to which the
accused is being prosecuted; or
 (b) is below the rank of Inspector.

The Central Government may appoint one or more Public Prosecutors for the
purpose of conducting any case in any district or local area.

For every district, the State Government shall appoint a Public Prosecutor and may
also appoint one or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for
one district may be appointed also to be a Public Prosecutor or an Additional Public
Prosecutor, as the case may be, for another district.

The District Magistrate shall, in consultation with the Sessions Judge, prepare a
panel of names of persons, who are, in his opinion fit to be appointed as Public
Prosecutors
 37

or Additional Public Prosecutors for the district.

No person shall be appointed by the State Government as the Public Prosecutor or

Additional Public Prosecutor for the district unless his name appears in the panel of
names
prepared by the District Magistrate

A prosecutor's role in the criminal justice system is to represent the state in a

criminal case, and to ensure that justice is delivered fairly and impartially
The role of the Public Prosecutor begins once the police has conducted the
investigation and files the charge sheet in the Court. He represents the interests of
the State and conducts the prosecution on behalf of the State. The Public Prosecutor
is not involved in the investigation that is conducted by the police.
A prosecutor defends the state's interests, not the police, and ensures that the
prosecution is conducted fairly.
The objective of any criminal trial is to investigate the crime and decide the
accused's guilt or innocence, and it is the prosecutor's primary responsibility to
assist the court in determining the truth of the case. As a result, the prosecutor is
required to carry out his duties in a fair, fearless, and responsible manner.
However, these expectations must be balanced against the realities of the criminal
justice [Link] prosecutor must play an independent role at every step of the
criminal proceeding to obtain the desired results.
Section 20 outlines the establishment and structure of the Directorate of
Prosecution in the state. It details the roles and eligibility criteria for the Director,
Deputy Directors, and Assistant Directors of Prosecution, and their respective
powers and functions in overseeing prosecution cases.
The State Government may establish—

 a Directorate of Prosecution in the State consisting of a Director of

Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and
 a District Directorate of Prosecution in every district consisting of as many
Deputy Directors and Assistant Directors of Prosecution as it thinks fit.

A person shall be eligible to be appointed—

 as a Director of Prosecution or a Deputy Director of Prosecution, if he has

been in practice as an advocate for not less than fifteen years or is or has
been a Sessions Judge;
 as an Assistant Director of Prosecution, if he has been in practice as an
advocate for not less than seven years or has been a Magistrate of the first
class.

The Directorate of Prosecution shall be headed by the Director of Prosecution, who

 38

shall function under the administrative control of the Home Department in the State.

Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be

subordinate to the Director of Prosecution; and every Assistant Director of
Prosecution shall be subordinate to the Deputy Director of Prosecution.

Every Public Prosecutor, Additional Public Prosecutor, and Special Public Prosecutor
appointed by the State Government under sub-section (1) or sub-section (8) of
section 18 to conduct cases in the High Court shall be subordinate to the Director of
Prosecution.

Every Public Prosecutor, Additional Public Prosecutor, and Special Public Prosecutor
appointed by the State Government under sub-section (3) or sub-section (8) of
section 18 to conduct cases in District Courts and every Assistant Public Prosecutor
appointed under sub-section (1) of section 19 shall be subordinate to the Deputy
Director of Prosecution or the Assistant Director of Prosecution.

The powers and functions of the Director of Prosecution shall be to monitor cases in
which offences are punishable for ten years or more, or with life imprisonment, or
with death; to expedite the proceedings and to give opinion on filing of appeals.

The powers and functions of the Deputy Director of Prosecution shall be to examine
and scrutinise police reports and monitor the cases in which offences are punishable
for seven years or more, but less than ten years, for ensuring their expeditious
disposal.

The functions of the Assistant Director of Prosecution shall be to monitor cases in

which offences are punishable for less than seven years.

 Director of Prosecution: Appointed with a minimum of 15 years of practice or

a previous role as a Sessions Judge.
 Deputy Director of Prosecution: Appointed to oversee cases with offenses
punishable for seven to ten years.
 Assistant Director of Prosecution: Monitors cases with offenses punishable
for less than seven years.

Police under BNSS.

Powers and duties of police under bharatiya nagarika suraksha sanhita

The Bharatiya Nagarika Suraksha Sanhita (BNSS) is the proposed new criminal law
code in India that aims to replace the current Criminal Procedure Code (CrPC). The
BNSS introduces changes in the powers and duties of the police to streamline the
process of investigation, arrests, and ensure citizen security. Below are some key
powers and duties of the police under the BNSS:

1. Powers of Arrest

 Warrantless Arrests: Police officers can arrest a person without a warrant if

they are suspected of committing a cognizable offense, which includes
 39

serious crimes.
 Rights of the Arrested Person: The police must inform the arrested person of
their rights, including the right to legal counsel and the right to be informed
about the charges against them.
 Arrest Documentation: The police must document arrests with full
transparency, ensuring accountability.

2. Investigation

 Time-bound Investigation: The BNSS mandates that investigations be

completed within a specific time frame, especially for crimes involving serious
offenses.
 Electronic Evidence: The police have expanded powers to collect and use
electronic evidence, including digital records, to aid in their investigations.
 Forensic Evidence: Greater emphasis is placed on the use of forensic
evidence in investigations to ensure accuracy and scientific verification of
facts.

3. Search and Seizure

 Search with or without a Warrant: The police have the power to conduct
searches of property or persons with a warrant, and in certain cases, without a
warrant if they believe evidence is at risk of being destroyed.
 Seizure of Property: The police can seize any property that is believed to be
involved in a crime or has been used to commit a crime.

4. Summons and Notices

 Issuing Summons: Police officers can issue summonses to individuals for

questioning, requiring their presence at a police station or other location.
 Appearance and Cooperation: Citizens are required to comply with these
summonses and provide information to assist in investigations.

5. Maintenance of Public Order

 Crowd Control: The police are responsible for maintaining public order,
managing protests, and ensuring that large gatherings do not escalate into
violence.
 Preventive Arrests: In certain circumstances, the police may carry out
preventive arrests to avoid potential law and order situations.

6. Duty to Report

 First Information Report (FIR): Police officers must register an FIR upon
receiving information about a cognizable offense from any individual.
 Daily Logs and Documentation: The police must maintain accurate logs of all
complaints, arrests, searches, seizures, and other law enforcement actions.

7. Use of Force
 40

 Proportional Use of Force: Police can use force, but it must be proportional to
the situation. Excessive use of force or misuse of power is strictly prohibited
under the BNSS.
 Guidelines on Firearms: Specific guidelines are laid out regarding when
firearms can be used, focusing on self-defense or to prevent serious offenses.

8. Victim and Witness Protection

 Ensuring Safety: The police have a duty to protect victims and witnesses from
intimidation or harm, especially in cases involving serious crimes.

9. Bail Provisions

 Non-cognizable Offenses: For non-cognizable offenses, where police cannot

arrest without a warrant, the police are required to follow due procedure for
bail.
 Bailable and Non-bailable Offenses: The police have to ensure that suspects
in bailable offenses are provided bail promptly, while for non-bailable offenses,
they follow the court's directions.

10. Transparency and Accountability

 Body Cameras and Technology: The police are encouraged to use body
cameras and other technology during searches, arrests, and interrogations to
ensure accountability.
 Internal Oversight Mechanisms: The BNSS proposes stronger internal
oversight mechanisms within the police force to prevent corruption and abuse
of power.

The BNSS aims to modernize police procedures, increase accountability, and uphold
the rights of citizens while maintaining law and order effectively. It introduces
several reforms to make the criminal justice system more efficient and transparent.

FIR

Under the Bharatiya Nagarika Suraksha Sanhita (BNSS), an FIR (First Information
Report) remains a crucial document in the criminal justice process. It refers to the
formal record of the information given to the police regarding the commission of a
cognizable offense, which enables the police to begin an investigation.

Key Aspects of FIR under BNSS:

1. Mandatory Registration of FIR for Cognizable Offenses:

o Police officers are required to mandatorily register an FIR if the
information they receive pertains to a cognizable offense (serious
offenses where police can arrest without a warrant, such as murder,
rape, theft).
o If a cognizable offense is reported, the police cannot refuse to file an
FIR.
2. Mode of Filing an FIR:
 41

o Written or Oral: A complainant can file an FIR either by submitting a

written complaint or by giving information orally, which the police will
record in writing.
o Digital FIR: BNSS also encourages the use of technology, making
provisions for filing FIRs online in certain cases.
3. Zero FIR:
o The concept of Zero FIR, which was introduced earlier, is retained and
emphasized in BNSS. It allows a police station to file an FIR for a
cognizable offense irrespective of jurisdiction. Later, the FIR can be
transferred to the appropriate jurisdiction.
4. Information to the Complainant:
o Once an FIR is registered, a copy of the FIR must be provided to the
complainant free of cost. This ensures transparency and accountability
in the process.
5. Investigation Following FIR:
o After the FIR is filed, the police are legally obligated to investigate the
case. The investigation may involve gathering evidence, conducting
searches, making arrests, and questioning suspects.
6. FIR in Non-cognizable Cases:
o For non-cognizable offenses (minor offenses where a warrant is
needed for arrest), police are not required to file an FIR. Instead, a
general diary entry is made, and the complainant is directed to
approach the court for permission to investigate.
7. False FIR and Penalties:
o The BNSS contains provisions to discourage the filing of false or
frivolous FIRs. If a person is found to have willfully filed a false FIR,
they may face penalties.
8. Time-bound Process:
o The BNSS emphasizes that investigations following the registration of
an FIR should be time-bound to avoid delays in justice. The law
proposes strict timelines for completing investigations in certain types
of offenses.
9. Rights of the Accused:
o The person against whom the FIR is filed has the right to be informed
about the allegations and charges, as well as their rights under the law,
such as the right to legal counsel.

In summary, under the BNSS, the FIR serves as the first step in the formal criminal
procedure for serious offenses, ensuring that the police are duty-bound to
investigate such crimes without delay or prejudice. It emphasizes transparency,
accountability, and quicker response times in registering and acting upon FIRs.

Investigation powers:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 grants several investigation
powers, including:
 Preliminary inquiries
For offenses punishable by 3–7 years, the officer in charge can conduct a
 42

preliminary inquiry within 14 days with the Deputy Superintendent of Police's

permission.
 Cognizable cases
Any police station officer can investigate a cognizable case within their jurisdiction
without a Magistrate's order.
 Forensic investigations
For offenses punishable by 7 years or more, forensic experts must visit the crime
scene to collect evidence.
 Medical examinations
Rape survivors must undergo a mandatory medical examination, including DNA
analysis.
 Electronic communication
Information about a cognizable offense can be provided to the police electronically
or orally, regardless of the offense's location.
 Electronic trials
All trials, inquiries, and proceedings can be held electronically.
 Electronic evidence
Electronic communication devices that may contain digital evidence can be used
for investigation, inquiry, or trial.
 Absence of accused
If a proclaimed offender is absconding, the trial can be conducted and judgment
pronounced in their absence.
 Collection of samples
Finger impressions, voice samples, and specimen signatures or handwriting can be
collected for investigation or proceedings.
 Attachment of property
The court can attach the property of criminals that are deemed to be proceeds of
crime.

PreliminaryInquiry

Preliminary Enquiry:Section 173(3) of BNSS has also given statutory recognition for
conducting of preliminary enquiry of cases punishable with imprisonment of three
years or more but less than seven years.
 43

The Bharatiya Nagarik Suraksha Sanhita (BNSS) gives statutory authority to conduct
a preliminary inquiry (PE) for certain offenses:

 When to conduct a PE
A PE can be conducted for offenses that are punishable by imprisonment for a
minimum of three years and a maximum of seven years.
 Who can conduct a PE
The officer in charge can conduct a PE with the prior permission of the Deputy
Superintendent of Police.
 How long can a PE take
The PE must be completed within 14 days.
 What is the purpose of a PE
The purpose of a PE is to determine if there is a prima facie case for proceeding
with the investigation.
Here are some other things to know about the BNSS:

 The BNSS gives the police the power to decide if a cognizable offense has been
committed.
 If the police don't file an FIR, the informant can file a private complaint with the
magistrate.
 If the offense was committed outside of the local police station's jurisdiction, the
destination police station should conduct the PE.
 The police headquarters can establish a mechanism to ensure that PE decisions are
transparent and objective.

COMPLAINT

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 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;

Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the
procedure for filing a private complaint and the examination of the complainant and
witnesses:
 Examination
 44

The magistrate must examine the complainant and any witnesses under oath. The
complainant and witnesses must sign the written record of the examination.
 Notice to accused
The magistrate must issue a notice to the accused and give them an opportunity to
be heard.
 Exceptions
The magistrate does not need to examine the complainant if the complaint is made
by a public servant or a court.
 Possible outcomes
After the examination, the magistrate may:
 Issue a process to summon the accused
 Dismiss the complaint
 Postpone the issuance for further inquiry

Arrest-Concept

Under the Bharatiya Nagarika Suraksha Sanhita (BNSS), arrest refers to the act of
taking a person into custody by legal authority, typically for the purpose of charging
them with a criminal offense or preventing them from committing an offense. The
concept of arrest is central to the criminal justice process, and BNSS outlines
specific provisions regarding how and when arrests can be made, as well as the
rights of the arrested person.

Meaning of Arrest under BNSS

1. Definition:
o Arrest under BNSS means the act of detaining an individual by legal authority,
either to prevent a crime, for the investigation of a crime, or to ensure the
presence of the accused in court for trial.
2. Types of Arrest:
o Arrest with a warrant: Issued by a magistrate, generally for non-cognizable
offenses or when there is no urgency in arresting the individual.
o Arrest without a warrant: This can be done by a police officer in cases of
cognizable offenses (serious crimes like murder, robbery, rape) where the
police have the power to arrest immediately without a warrant.
3. Procedure for Arrest:
o The arrest must be conducted in a lawful manner, ensuring that no
individual's rights are violated unnecessarily.
o The arresting officer must clearly inform the individual of the grounds of
arrest.
o The arrested person must be produced before a magistrate within 24 hours
of arrest, excluding travel time.
4. Documents:
o The police must maintain accurate records of arrests, which will be subject to
 45

scrutiny in court if needed. This includes arrest warrants (if applicable), and
details of the person arrested.
5. Purpose of Arrest:
o To prevent the commission of an offense.
o To secure the person for investigation or interrogation.
o To ensure the accused appears in court for trial.
o To prevent the accused from fleeing or tampering with evidence.

Consequences of Arrest under BNSS

1. Rights of the Arrested Person:

o Right to be informed: The arrested person must be informed about the
reason for their arrest and the charges against them.
o Right to legal counsel: The arrested person has the right to consult and be
defended by a lawyer of their choice.
o Right to remain silent: The person has the right to remain silent, and anything
they say can be used as evidence against them.
o Right to be produced before a magistrate: Within 24 hours of arrest, the
arrested person must be brought before a magistrate.
o Right against self-incrimination: The arrested person cannot be forced to
testify or provide evidence against themselves.
2. Detention and Custody:
o After the arrest, the police may take the individual into custody for further
interrogation or investigation.
o If the arrested person is not released on bail, they may be detained in judicial
custody (jail) until trial proceedings begin.
3. Bail:
o Bailable offenses: For offenses categorized as bailable, the arrested person
has the right to be released on bail, provided they can furnish sureties.
o Non-bailable offenses: For more serious crimes (non-bailable offenses), bail
may only be granted by a court, and it is not an automatic right.
4. Criminal Proceedings:
o The arrest leads to the initiation of criminal proceedings, where the accused
may be charged formally and tried in a court of law.
o If convicted, the arrested individual faces penalties such as imprisonment or
fines, depending on the severity of the offense.
5. Impact on Personal Liberty:
o An arrest curtails the personal liberty of an individual, which is a serious
consequence. The arrested person loses their freedom of movement, and
their daily life is disrupted as they are detained and subjected to investigation.
6. Impact on Reputation:
o An arrest, even if it does not result in a conviction, can damage a person’s
reputation, leading to social stigma, professional setbacks, and personal
hardships.
7. Remedies for Unlawful Arrest:
o Illegal detention: If the arrest is found to be unlawful, the arrested person may
have the right to file for habeas corpus in court, demanding their release.
o Compensation: In cases of wrongful arrest or malicious prosecution, the
individual may seek compensation for damages suffered.
8. Protection against Arbitrary Arrest:
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o The BNSS includes safeguards to prevent arbitrary or unjust arrests. These

include mandatory documentation of the grounds for arrest, judicial oversight,
and strict timelines for investigation.
9. Preventive Arrests:
o The BNSS provides for preventive arrests, where a person can be arrested not
for an offense already committed but to prevent them from committing a
future offense. However, strict guidelines must be followed, and such arrests
are subject to judicial scrutiny.
10. Judicial Review:

 The legality of an arrest, including whether it was justified or excessive, is subject to

judicial review, meaning that a magistrate or higher court can examine the grounds of
the arrest and order release if appropriate.

Conclusion

Under the BNSS, arrest is a significant legal action with serious consequences,
impacting personal liberty, legal standing, and reputation. The law provides
safeguards to ensure that arrests are made only when necessary and that the
arrested individual's rights are protected throughout the legal process. Moreover, the
BNSS emphasizes transparency, judicial oversight, and accountability to prevent
abuse of power by law enforcement authorities.

NOTE : A separate material on arrest is attached to this chapter .Kindly go through the same