FIVE-YEAR INTEGRATED LAW COURSE
BA LL.B. (Hons.) and BBA LL.B. (Hons.)
IV Semester
Law of Crimes – II
(The Bharatiya Nagarik Suraksha Sanhita, 2023)
FACULTY OF LAW
UNIVERSITY OF DELHI
LAW OF CRIMES - II
(The Bharatiya Nagarik Suraksha Sanhita, 2023)
Course Credits: 6
The primary objectives of this course are to:-
● To familiarise the students with the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS) that is set to replace the Code of Criminal Procedure, 1973 (CrPC).
● To highlight the key changes introduced in the BNSS in order to ensure a criminal
justice system with simple procedures, forensic investigation for serious offences,
reduced pendency of cases, improvement in conviction rates, use of technology to
facilitate access to justice and specified timelines for justice delivery.
● To discuss the procedure for investigation and trial of offences (like initiation of
criminal cases, powers and duties of police during investigation of offences, stages
of criminal trial, functions, duties, and powers of criminal courts) under the BNSS
while highlighting how these procedures are different from the CrPC.
● To compare the coverage of critical issues in administration of criminal justice like
protection of human rights of accused, victims and the principles of fair trial in the
BNSS and the CrPC.
Learning Outcomes:
At the end of the course, the students will be able to:
l. Identify the key changes introduced in the BNSS as compared to the CrPC.
2. Explain the powers, functions and duties of police and criminal courts under the
BNSS.
3. To critically analyse the significance of the new provisions in the BNSS.
4. Employ and promote adoption of humane and just practices in administration
of criminal justice with emphasis on protection (suraksha) of the citizen.
Prescribed Legislations:
1. The Bharatiya Nagarik Suraksha Sanhita, 2023
2. The Code of Criminal Procedure, 1973
Prescribed Books:
1. Saurabh Kansal, Vageshwari Deswal, Shruti Goyal, Bharatiya Nagarik
Suraksha Sanhita 2023 Law and Practice, (Taxmann Publications Private
Limited, April 2024).
2. K.N.Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Criminal Procedure, (7th
ed., 2021).
3. K.N.Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Lectures on Criminal
Procedure, (6th ed., 2017).
Topics
1. Introduction to BNSS
a. Importance of Criminal Procedure
b. Comparative Table - BNSS vis a vis CrPC.
c. Stakeholders and Functionaries in the Criminal Justice Administration System
d. Hierarchy, powers and duties of Criminal Courts
e. Definitions- Sections 2(1)(a), 2(1)(c), 2(1)(k), 2(1)(l), 2(1)(x), 2(1)(y), and
2(1)(z) of the BNSS
2. Initiation of Criminal Case
Section 2 (1)(g), Section 2 (1)(h), Sections 173 to 175, Sections 179 – 184, Section 187,
Section 193, Section 196 of the BNSS.
In the scheme of the BNSS, 2023, for the purposes of setting criminal investigation
machinery into motion, offences are classified into two categories: (i) cognizable
offences and (ii) non-cognizable offences. In case of cognizable offences, a police
officer can arrest an accused without a warrant but in case of non-cognizable offences
he cannot arrest or investigate into such an offence without authorization in this behalf
by the magistrate. In case of cognizable offences, an F.I.R forms the basis for putting
the investigative machinery into motion. A general overall view of investigation will
be given to the students with special emphasis on the essentials of F.I.R and its
evidentiary value, police officer’s powers to investigate cognizable cases, procedure for
investigation, police officer’s powers to require attendance of witnesses, examination
of witnesses by the police, recording of confessions and statements and report of police
officer on completion of investigation.
Cases: Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 154
Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 157
Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559
Lalita Kumari v. Govt. of Uttar Pradesh, Crl.M.P. no.5029 of 2014 in
Writ Petition (Crl.) No.68 of 2008
Youth Bar Association of India v. Union of India, (2016) 9 SCC
473
State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435
Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476
Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409
Vinubhati Haribhai Malaviya v. State of Gujarat, 2019 SCC OnLine
SC 1346
3. Investigation -The BNSS
Sections 176, 35 – 38, 43-44, 96, 47-48, 49 -51, 53 -54, 56-58, 62.
a. Procedure for Investigation
b. Arrest – procedure and rights of arrested person
c. Search and seizure (sections 165, 166 read with section 100)
Cases: D.K.Basu v. State of West Bengal, (1997) 6 SCC 642
State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
4. Bail
Sections. 478 - 483 of the BNSS
Criminal offences are further classified under the Cr.P.C. into bailable and non-bailable
offences. In case of bailable offences, an accused is entitled to bail as a matter of right
on furnishing of surety. In case of non-bailable offences, bail is a matter of discretion
with the courts and the discretion becomes narrower depending upon the severity of the
punishment that an offence entails. How this discretion is to be exercised and what are
the principles governing grant of bail in such cases is discussed in the cases given
below. The concept of anticipatory bail and the principles governing its grant are also
a subject matter of study here. Further, principles governing cancellation of bail are also
discussed here.
a. Grant of Bail, including anticipatory bail
b. Cancellation of Bail
c. Compulsory release
Cases: State v. Captain Jagjit Singh, (1962) 3 SCR 622
Moti Ram v. State of M.P., (1978) 4 SCC 47
Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
Sanjay Chandra v. Central Bureau of Investigation, (2012)1 SCC 40
Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1
State (Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411
Gautam Navlakha v. National Investigation Agency, 2021 SCC
OnLine SC 382
5. Pre-Trial Proceedings
BNSS, Ss. 210, 213, 222, 223, 225, 227, 232-247, 251
a. Cognizance of Offences
b. Committal Proceedings
c. Framing of Charges
Cases: Mohan Singh v. State of Bihar, (2011)9 SCC 272
Ajay Kumar Parmar v. State of Rajasthan, (2012) 9 SCALE 542
6. Trial
Ss. 2(w) (x) and (y), 248-249, 253-254, 256-257, 265-267, 274, 283, 285 of the BNSS.
a. Differences among warrant, summons, and summary trials
b. Production of Witnesses - Summons and warrants
c. S.360 -Withdrawal of Prosecution
Cases: Abdul Karim v. State of Karnataka, (2000) 8 SCC 710
7. Rights of Accused and Victims
a) Features of Fair Trial – BNSS Ss.308, 337, 340-341, 351, 354, 355, 358,
360, 366, 447, 450; Articles 20 (1) (3), 22(1), 39A of the Constitution
b) Rights of Victims – Ss.395, 396, 413, Proviso
c) Witness Protection -BNSS, S.398
d) Delhi High Court Guidelines for Protection of Vulnerable Witnesses.
e) Witness Protection Scheme 2018
Cases: Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158
Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408
Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
Hardeep Singh v. State of Punjab,(2014) 3 SCC 92
Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1
Mrs. Neelam Katara v. Union of India, ILR (2003) II Del 377
8. Judgment
BNSS, Ss. 250, 252, 255, 258, 262, 264, 269, 271, 275, 287, 288, 392, 393
a. Discharge and acquittal
b. Conviction
c. Hearing on sentence
d. Content of judgments.
Cases: Ajay Pandit @ Jagdish Dayabhai Patel v. State of Maharahtra, (2012) 8
SCC 43
9. Other Means of Disposal of Cases
a. Plea Bargaining
● 154th Report of the Law Commission of India, 1996, pp. 51-54
● BNSS, Chapter XXIII- Plea Bargaining(Ss. 289-300)
b. Compounding of cases: BNSS, S. 359
c. Probation: BNSS, Ss. 401-402
10. Appeals, Inherent Powers of the High Court
BNSS, Ss. 413-435, S. 528
Cases: Gian Singh v. State of Punjab, (2012) 10 SCC 303
State of M.P. v. Deepak, (2014) 10 SCC 285
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur. v. State of
Gujarat, (2017) 9 SCC 641
Important Note
1. The topics and cases given above are not exhaustive. The teachers teaching the
course shall be at liberty to add new topics/cases.
2. The students are required to study the legislations as amended up to date and
consult the latest editions of books.
