Bhartiya Nagrik Suraksha Sanhita, (BNSS 2023)

By / October 7, 2025

LAW OF CRIMES – II

Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS)

Introduction to Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS)

The Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) is a newly enacted legislation by the Parliament of India that came into force as part of the criminal law reforms replacing the Code of Criminal Procedure, 1973 (CrPC). The BNSS seeks to modernize, simplify, and make the criminal justice system more citizen-centric, transparent, efficient, and technology-driven.

For over 150 years, the Indian criminal justice system was primarily based on colonial laws, with minor amendments from time to time. The CrPC of 1973, though a post-independence legislation, largely carried the legacy of the British Indian legal framework. Recognizing the urgent need for reforms to meet present-day requirements of justice delivery, victim protection, speedy trials, and rights of the accused, the Government introduced a comprehensive overhaul of criminal procedure laws in 2023 through BNSS.

BNSS, 2023: Introduced in Lok Sabha – 11 Aug 2023; Revised Bill – 12 Dec 2023; Passed Lok Sabha – 20 Dec 2023; Passed Rajya Sabha – 21 Dec 2023; Presidential Assent – 25 Dec 2023; Commenced – 1 July 2024.

Salient Features of BNSS, 2023

  1. Replacement of CrPC, 1973 – The BNSS now governs the procedure for investigation, inquiry, trial, and execution of criminal cases.
  2. Technology-Oriented Procedures – Incorporation of electronic records, video conferencing, e-FIRs, digital evidence, and electronic communication of summons and warrants to expedite justice.
  3. Focus on Victim Rights – Victims now have greater participation in proceedings, such as the right to be informed about the progress of investigation and right to submit impact statements.
  4. Speedy Trials – Provisions for time-bound investigation and trial in specific categories of cases to reduce pendency.
  5. Bail Reforms – Clearer framework on grant and denial of bail to balance personal liberty with societal interests.
  6. Fair Trial Emphasis – Ensures natural justice, presumption of innocence, impartial adjudication, and legal aid for accused persons.
  7. Gender & Child Protection – Provisions for sensitive handling of cases involving women, children, and marginalized groups.
  8. Maintenance & Welfare Provisions – Continuation of relief for wives, children, and parents through simplified procedures.
  9. Modernization of Criminal Courts – Clarifies powers and jurisdiction of courts with an emphasis on hierarchy, efficiency, and accountability.
  10. Plea Bargaining and Alternative Dispute Resolution (ADR) – Strengthened to reduce burden on courts.

Importance of BNSS in Indian Criminal Justice System

  • It is citizen-focused, ensuring that justice is not only done but seen to be done.
  • It reduces procedural delays through digitization and strict timelines.
  • It strengthens trust of people in the legal system by ensuring fairness, transparency, and inclusivity.
  • It aligns Indian criminal law with contemporary global standards of justice while preserving constitutional values of liberty, equality, and dignity.

 

  1. Definitions under BNSS, 2023

BNSS 2023 has modernized the criminal law framework in India. Key definitions are crucial because they determine the scope of offences, responsibilities, and procedures.

1.1 Key Definitions

  1. Criminal Offence:
    • Definition: An act or omission punishable under BNSS 2023, committed with a guilty mind (mens rea) and prohibited by law.
    • Example: Theft, assault, cybercrime, etc.
  2. Person:
    • Includes natural persons, corporate bodies, and other legal entities.
    • Implication: Corporations can now be held criminally liable for offences like fraud, environmental harm, or corporate negligence.
  3. Cognizable Offence:
    • An offence for which police can register FIR and start investigation without court permission.
    • Examples: Murder, kidnapping, robbery.
  4. Non-Cognizable Offence:
    • Investigation cannot start without court order.
    • Examples: Defamation, minor hurt.
  5. Bailable & Non-Bailable Offence:
    • Bailable: Accused has a right to be released on bail.
    • Non-Bailable: Court’s discretion required; not automatic.
  6. Culpable Mental State:
    • BNSS emphasizes the intention, knowledge, recklessness behind the act.
    • This is similar to mens rea in IPC but adapted for modern offences like cybercrime and financial fraud.
  7. Special Terms:
    • Public Servant, Property, Electronic Record, Cyber Offence, etc., are explicitly defined to deal with technology-related crimes.
  1. Constitution of Criminal Courts under BNSS, 2023

BNSS has restructured criminal courts to ensure speedy and fair justice. It classifies courts based on powers, jurisdiction, and nature of offences.

2.1 Types of Criminal Courts

Court Composition Jurisdiction Notes
Supreme Court of India Chief Justice + Judges Appellate, Original (constitutional matters) Hears appeals against High Courts, certifies constitutional issues.
High Court Chief Justice + Judges Original (writ, preventive measures), Appellate Supervises lower courts, can hear serious criminal appeals.
District & Sessions Court District Judge / Sessions Judge Cognizable & Non-Cognizable Offences, Serious Crimes Can try offences like murder, rape, and organized crime.
Magistrate Court Judicial Magistrate (First/Second Class) Minor Offences, Bailable & Non-Bailable Cases First point of contact for most criminal cases.
Special Courts / Tribunals Presiding Officer as per BNSS Specific offences: cybercrime, corruption, terrorism, women & child offences Powers and procedures are expedited.

 

2.2 Hierarchy in Criminal Courts

  1. Supreme Court – Appellate & constitutional matters
  2. High Court – Appellate, supervisory
  3. District & Sessions Court – Trial of serious offences
  4. Magistrate Court – Trial of minor offences
  5. Special Courts/Tribunals – Specialized offences

Note for Exams: Always mention BNSS explicitly, because the 2023 law modernizes terminology like “Special Courts for Cyber & Financial Crimes.”

  1. Powers & Jurisdiction of Criminal Courts under BNSS, 2023

The BNSS 2023 clearly defines powers and jurisdiction to avoid overlapping authority.

3.1 Powers

  1. Judicial Powers:
    • Try offences as per BNSS 2023.
    • Award punishments (fine, imprisonment, community service, rehabilitation).
    • Issue warrants, summons, and preventive orders.
  2. Investigative Powers (Limited):
    • Magistrates can direct police investigation, summon witnesses, order searches & seizures.
  3. Appellate Powers:
    • Higher courts can review, modify, or overturn judgments of lower courts.
  4. Preventive Powers:
    • Issue protection orders for victims.
    • Suspend or cancel licenses for entities involved in criminal activity.
  5. Special Powers under BNSS:
    • Courts can order electronic monitoring, freeze digital assets, or direct cyber forensic investigation.

3.2 Jurisdiction

  1. Territorial Jurisdiction:
    • Courts can try offences committed within their geographical area.
    • BNSS allows virtual offences (cybercrime) to be tried where the impact or victim resides.
  2. Pecuniary Jurisdiction:
    • Based on value of property involved (in financial crimes or fraud).
    • Special Courts for high-value crimes (e.g., ₹50 lakh or more).
  3. Subject-Matter Jurisdiction:
    • Determined by type and severity of offence:
      • Magistrates → Minor offences
      • Sessions Court → Serious offences
      • Special Courts → Cybercrime, terrorism, organized crime
  4. Appellate & Revisional Jurisdiction:
    • Higher courts can review decisions of lower courts for legality and propriety.

  

  1. Key Points for Exam
  1. Remember Definitions: Cognizable, Non-cognizable, Bailable, Non-bailable, Person, Property, Cyber Offence.
  2. Hierarchy & Composition: Supreme Court → High Court → District & Sessions Court → Magistrates → Special Courts.
  3. Powers: Judicial, Investigative, Appellate, Preventive, Special.
  4. Jurisdiction: Territorial, Pecuniary, Subject-Matter, Appellate & Revisional.
  5. Examples: For cybercrime, financial fraud, environmental crime, corporate offences.

 

Law of Crimes – II (BNSS, 2023)

Exam Notes: Definitions, Constitution of Criminal Courts & Powers/Jurisdiction

1️⃣ Key Definitions (BNSS 2023)

Term Definition Example
Criminal Offence Act/omission punishable under BNSS 2023 with guilty mind (mens rea) Theft, Assault, Cybercrime
Person Includes natural persons, corporations, legal entities Company liable for fraud
Cognizable Offence Police can register FIR & start investigation without court permission Murder, Kidnapping, Robbery
Non-Cognizable Offence Police cannot investigate without court order Defamation, Minor hurt
Bailable Offence Accused has right to bail Minor theft
Non-Bailable Offence Bail at court discretion Rape, Murder
Culpable Mental State Intention, knowledge, recklessness behind act Fraud, Cybercrime
Special Terms Public servant, Electronic Record, Cyber Offence Cyber fraud, Digital identity theft

2️⃣ Constitution of Criminal Courts (BNSS 2023)

Hierarchy of Criminal Courts

Supreme Court

|

High Court

|

District & Sessions Court

|

Magistrate Court

|

Special Courts / Tribunals

 

Details of Courts

Court Composition Jurisdiction / Notes
Supreme Court Chief Justice + Judges Appellate & constitutional matters
High Court Chief Justice + Judges Appellate, supervisory, writs
District & Sessions Court District/Sessions Judge Serious offences: murder, rape, organized crime
Magistrate Court Judicial Magistrate (1st/2nd class) Minor offences, bailable/non-bailable cases
Special Courts/Tribunals Presiding Officer Cybercrime, corruption, terrorism, women & child offences

Tip: Mention BNSS 2023 explicitly in exams for hierarchy & special courts.

3️⃣ Powers of Criminal Courts

Type Powers
Judicial Try offences, award punishment (fine, imprisonment, rehabilitation), issue warrants & summons
Investigative (Limited) Direct police investigation, order searches & seizures
Appellate Review/modify/overturn judgments of lower courts
Preventive Protection orders for victims, suspend/cancel licences
Special (BNSS) Electronic monitoring, freeze digital assets, cyber forensic investigation

4️⃣ Jurisdiction of Criminal Courts

Type Explanation Example
Territorial Offence committed within geographical area Murder in Delhi → Delhi Court
Pecuniary Based on value of property involved Fraud of ₹1 Cr → Special Court
Subject-Matter Based on offence type & severity Magistrate → Minor theft, Sessions → Murder, Special → Cybercrime
Appellate & Revisional Higher courts review lower court decisions High Court can revise Sessions Court judgment

 

5️⃣ Flowchart: Powers & Jurisdiction

 

Criminal Court Powers

|

+– Judicial (try offence, punish, issue summons)

|

+– Investigative (direct police, order search)

|

+– Appellate (review & modify judgment)

|

+– Preventive (protection orders, suspend licences)

|

+– Special BNSS Powers (cyber monitoring, freeze assets)

 

Jurisdiction

|

+– Territorial (location of offence)

|

+– Pecuniary (value of property)

|

+– Subject-Matter (type/severity of offence)

|

+– Appellate & Revisional (review lower court decision)

 

Arrest of Persons, Rights of Arrested Persons & Bail

1️⃣ Arrest of Persons (BNSS 2023)

Definition

  • Arrest means taking a person into legal custody by lawful authority, so that he may be brought before a magistrate to face charges.

Who can Arrest?

  1. Police Officer – without warrant (for cognizable offences).
  2. Magistrate – may order arrest in his presence or issue warrant.
  3. Private Person – can arrest if the person commits a non-bailable and cognizable offence in his presence (must hand over to police immediately).

 

When Police can Arrest without Warrant (BNSS Sec. 35–39)

  • Cognizable offence (murder, robbery, rape).
  • Proclaimed offender.
  • Possession of stolen property or suspicious articles.
  • Preventive arrest to stop commission of crime.
  • Failure to identify oneself when required by police.

Procedure of Arrest (BNSS 2023)

  1. Police must inform the person of grounds of arrest.
  2. Show warrant if arrest is based on warrant.
  3. Preparation of Arrest Memo – signed by witness and accused.
  4. Production before Magistrate within 24 hours.
  5. Medical examination if required.

2️⃣ Rights of Arrested Persons (BNSS 2023)

BNSS (in line with Article 21 & 22 of Constitution) strengthens rights to ensure no misuse of arrest powers.

Right Explanation Example
Right to be informed of grounds of arrest Person must be told why he is being arrested Arrest for theft → Police must say “you are arrested for theft under BNSS sec…”
Right to remain silent To prevent self-incrimination (Art. 20(3)) Accused cannot be forced to confess
Right to legal aid Accused has right to consult advocate of choice Free legal aid if unable to afford
Right to inform relative/friend Arrested person can inform family/friend Police must allow phone call
Right against illegal detention Must be produced before magistrate within 24 hours Otherwise → unlawful detention
Right to medical examination To check for torture/abuse Woman must be examined by woman doctor
Right to bail (where applicable) If offence is bailable → right to bail Minor theft case

3️⃣ Bail under BNSS 2023

Definition

  • Bail means releasing a person from custody by taking security/surety that he will appear before court when required.

Types of Bail

Type Features Example
Regular Bail Granted after arrest & custody Accused in theft case gets bail
Anticipatory Bail Pre-arrest bail to prevent custody Businessman fears false FIR
Interim Bail Temporary bail till final decision Bail for short period pending hearing
Default Bail Accused released if police fails to file charge sheet in time (60/90 days) Delay in murder investigation
Statutory Bail Same as default bail under BNSS sec. 187 Ensures speedy trial

Bailable vs Non-Bailable Offences

Bailable Non-Bailable
Bail is a right Bail is at court’s discretion
Police can grant bail Only Magistrate/Sessions/High Court can grant
Example: Minor hurt, defamation Example: Murder, rape, terrorism

4️⃣ Flowchart – Arrest & Bail under BNSS 2023

ARREST (by Police / Magistrate / Private Person)

|

Inform grounds of arrest

|

Prepare Arrest Memo

|

Produce before Magistrate (within 24 hrs)

|

Rights of Accused (Legal aid, Silence, Family info, Medical exam)

|

—–> If Bailable → Bail as Right

—–> If Non-Bailable → Court Discretion

|

Types of Bail → Regular / Anticipatory / Interim / Default

 

Information to Police & Their Powers to Investigate

1️⃣ Information to the Police (BNSS 2023)

Definition of Information

  • Any oral or written statement given to the police about the commission of an offence.
  • This is the starting point of the criminal justice process.

First Information Report (FIR)

  • FIR = Information about the commission of a cognizable offence, recorded by the police under Sec. 173 BNSS 2023 (replacing Sec. 154 CrPC).
  • Purpose: To set the investigation into motion.

 

Who can give information?

  1. Victim / Complainant
  2. Witness / Any person aware of offence
  3. Police Officer himself (on knowledge of offence)

Procedure of Giving Information (BNSS Sec. 173–175)

  1. Oral Complaint → Police reduce it to writing and read back to complainant.
  2. Written Complaint → Directly signed and filed.
  3. Electronic Complaint (NEW in BNSS) → FIR can be filed online / electronic mode.
  4. Copy of FIR → Must be given to complainant free of cost.

Non-Cognizable Offences

  • If information relates to non-cognizable offence, police cannot register FIR.
  • They prepare a Non-Cognizable Report (NCR) and refer complainant to Magistrate.

2️⃣ Powers of Police to Investigate (BNSS 2023)

Definition of Investigation

  • Investigation = collection of evidence by police, including:
    • Proceeding to crime scene
    • Arrest of suspects
    • Examination of witnesses
    • Seizure of documents / articles
    • Medical examination
    • Filing final police report (charge sheet)

Scope of Police Powers

Power BNSS Provision Explanation
Examine witnesses Sec. 180 Police can record statements of witnesses
Examine accused Sec. 182 Accused can be questioned, but not forced to confess (Art. 20(3))
Search & Seizure Sec. 185 Police can search premises, seize weapons, stolen goods, electronic devices
Medical Examination Sec. 186 Accused/victim may be examined by doctor (woman by woman doctor)
Arrest during investigation Sec. 35–39 Police may arrest accused if required
Scientific & Forensic Powers Sec. 176 Police can use forensic labs, cyber experts, electronic evidence
Final Report / Charge Sheet Sec. 193 After completing investigation, police file report before Magistrate

  

3️⃣ Duties of Police during Investigation

  • Investigation must be fair, impartial & time-bound.
  • BNSS introduces digital evidence, forensic investigation, e-FIR to strengthen transparency.
  • Charge sheet time limits:
    • 60 days → offences punishable up to 10 years.
    • 90 days → offences punishable with life imprisonment/death.
  • Failure → accused entitled to default/statutory bail.

4️⃣ Flowchart – Information & Investigation

INFORMATION TO POLICE

|

Cognizable Offence → Register FIR (Sec. 173 BNSS)

|

Non-Cognizable Offence → NCR, refer to Magistrate

|

Copy of FIR to Complainant

|

INVESTIGATION

|

Visit crime scene → Collect evidence → Arrest if required

|

Examine witnesses/accused → Record statements

|

Search & Seizure → Forensic/Scientific methods

|

Medical examination if needed

|

Submit Final Report / Charge Sheet (Sec. 193 BNSS)

 

5️⃣ Rights of Complainant & Accused during Investigation

Person Right Example
Complainant Right to free copy of FIR Victim of theft gets FIR copy
Accused Right against self-incrimination (Art. 20(3)) Cannot be forced to confess
Victim Right to participate in investigation Victim may submit evidence
General Public Right to fair investigation Police must not act with bias

 

Cognizance of Offences by Magistrate & Court of Sessions

1️⃣ Meaning of Cognizance

  • Cognizance = Judicial notice taken by a magistrate or judge of an offence with a view to initiate proceedings.
  • In simple terms → Application of judicial mind to facts of the case for the first time.
  • When cognizance is taken: At the stage when Magistrate/Sessions Court decides that a case should proceed to trial, based on complaint, police report, or information.

2️⃣ Cognizance by Magistrate (BNSS 2023, Sec. 210–213)

When Magistrate Can Take Cognizance

  1. Upon receiving a Complaint of facts constituting an offence.
  2. Upon a Police Report (Charge Sheet) submitted after investigation.
  3. Upon Information received from any person or his own knowledge.

Limitations

  • No cognizance of certain offences without prior sanction of Government (e.g., offences against public servants, army officers).
  • Magistrates of Second Class → limited powers, need prior authorization.

Powers of Magistrate after Taking Cognizance

  • Issue process (summons or warrant).
  • Direct police for further investigation.
  • Dismiss complaint if no sufficient ground.
  • Commit case to Sessions Court (if offence is exclusively triable by Sessions).

3️⃣ Cognizance by Court of Sessions (BNSS 2023, Sec. 220)

  • Rule: A Court of Sessions cannot take cognizance directly.
  • It can act only when case is committed to it by a Magistrate.
    • Exception: Certain special statutes (like NDPS Act, POCSO Act, BNSS Special Provisions) may allow Sessions Court to take cognizance directly.

Procedure

  1. Magistrate finds offence is triable exclusively by Court of Sessions (e.g., murder, rape).
  2. Magistrate commits case to Sessions Court after cognizance.
  3. Sessions Court then proceeds with trial.

Powers after Cognizance

  • Frame charges.
  • Try the case (examine witnesses, hear prosecution & defence).
  • Pass judgment (convict/acquit).
  • Award punishments including death penalty (subject to High Court confirmation).

4️⃣ Key Differences – Cognizance by Magistrate vs. Sessions Court

Aspect Magistrate Sessions Court
How taken Directly upon complaint, police report, or information Only on committal by Magistrate (except special laws)
Stage First authority to apply judicial mind Higher authority after Magistrate
Jurisdiction Can try minor/moderate offences Tries serious offences (murder, rape, terrorism)
Powers Summons, warrants, dismissal, committal Framing charges, conducting trial, awarding major punishments
Examples Magistrate takes cognizance of theft case on FIR Sessions Court tries a murder case after committal

5️⃣ Flowchart – Cognizance Process

Offence Occurs

|

Complaint / FIR / Police Report

|

Magistrate

|– If offence is minor → Magistrate tries the case

|– If offence is serious → Magistrate commits case to Sessions Court

|

Sessions Court

|– Takes cognizance only on committal

|– Frames charges & conducts trial

|– Passes judgment (conviction/acquittal)

 

6️⃣ Important Case Laws

  1. R. Chari v. State of U.P. (1951)

R.R. Chari, a government officer, was accused of corruption and accepting illegal gratification. The Supreme Court held that a Magistrate “takes cognizance” only when he applies his mind to the facts, and issuing a warrant does not count as taking cognizance. This allowed the prosecution to proceed even before prior government sanction. The case clarified the meaning of cognizance and the procedure for prosecuting public servants in corruption cases.

  1. Darshan Singh Ram Kishan v. State of Maharashtra (1971)

The appellant facilitated travel using a deceased person’s passport with substituted photographs. The Supreme Court held that a Magistrate takes cognizance when he applies his mind to the facts, and formal action is not necessary. This case clarified the procedure for criminal prosecution and reinforced safeguards regarding the Magistrate’s jurisdiction and consent requirements under Section 196A CrPC.

  1. State of Karnataka v. Pastor P. Raju (2006)Pastor P. Raju allegedly tried to convert Hindus during a festival. The Supreme Court held that prior sanction under Section 196 CrPC is mandatory before taking cognizance of offenses under Section 153-B IPC. Proceedings without sanction were quashed, clarifying the jurisdictional requirement.

Complaints to Magistrates & Commencement of Proceedings

1️⃣ Complaint to Magistrate

Definition (BNSS Sec. 210)

  • Complaint = Any allegation made orally or in writing to a Magistrate, with a view to his taking action under the law, that some person has committed an offence.
  • Does not include: Police report.

👉 Example: A person directly goes to Magistrate alleging cheque bounce, fraud, or domestic violence.

2️⃣ Who Can File a Complaint?

  1. Aggrieved person (victim).
  2. Any person aware of the offence (except in cases where law requires complaint only by aggrieved, e.g., defamation).
  3. Court or Public Officer (e.g., complaint by Election Commission for electoral offences).

3️⃣ Procedure on Complaint (BNSS Sec. 211–214)

Step 1: Examination of Complainant

  • Magistrate examines complainant and witnesses on oath.
  • Records their statements in writing and signs them.

Step 2: Dismissal of Complaint

  • If no sufficient ground exists → Magistrate dismisses complaint with brief reasons (Sec. 213).

Step 3: Issue of Process

  • If there is sufficient ground to proceed → Magistrate issues summons (for attendance) or warrant (for arrest).

Step 4: Referral to Police

  • Magistrate may direct police to investigate before proceeding.

4️⃣ Commencement of Proceedings before Magistrates

When proceedings begin?

  • After Magistrate takes cognizance of offence on complaint and issues process (summons/warrant).
  • Proceedings commence with appearance of accused before Magistrate.

Stages of Proceedings

  1. Preliminary Stage
    • Complaint filed & examined.
    • Magistrate decides whether to proceed or dismiss.
  2. Issue of Process
    • Summons/warrant to accused.
    • Accused appears before Magistrate.
  3. Plea of Accused
    • Accused asked whether he pleads guilty or claims trial.
  4. Trial Procedure (depending on offence type)
    • Summary Trial (minor offences).
    • Summons Case Trial (punishment < 2 years).
    • Warrant Case Trial (serious offences, punishment > 2 years).

5️⃣ Powers of Magistrate at Commencement

  • Dismiss complaint (if groundless).
  • Issue summons or warrant.
  • Direct investigation by police.
  • Commit case to Sessions Court (if offence is exclusively triable there, e.g., murder).

6️⃣ Flowchart – Complaint to Magistrate & Proceedings

Complaint Filed (Oral/Written)

|

Magistrate Examines Complainant & Witnesses

|

+——————————+

|                              |

No sufficient ground         Sufficient ground

Complaint Dismissed          Magistrate takes Cognizance

|

Issues Process (Summons/Warrant)

|

Accused Appears Before Magistrate

|

Commencement of Proceedings

(Plea of Accused → Summary / Summons / Warrant Trial)

 

7️⃣ Important Case Laws

  1. Pepsi Foods Ltd. v. Special Judicial Magistrate (1998)Pepsi Foods Ltd. and its managing director were accused of selling adulterated beverages. The Supreme Court held that a Magistrate must apply his mind to the facts and law before issuing summons. Proceedings done mechanically were quashed, emphasizing judicial scrutiny to prevent misuse of legal

 

  1. process.Nirmaljit Singh Hoon v. State of W.B. (1973)Nirmaljit Singh Hoon alleged misappropriation and conspiracy by company officials. The Supreme Court held that the Magistrate should not dismiss a complaint merely due to absence of a key witness if other credible evidence exists. The case reinforced that dismissal is warranted only when evidence is inherently unreliable.

 

  1. Jagannath v. State of Maharashtra (2002)Jagannath challenged the Caste Scrutiny Committee’s validation of a person’s claim to the “Kunbi” OBC caste. The Bombay High Court upheld the Committee’s decision, emphasizing that judicial authorities give deference to properly scrutinized caste verifications.

 

The Charge

(Sections 230–242, BNSS 2023)

A charge is a precise written accusation framed by the Court against the accused, stating the offence he is alleged to have committed.
It is the foundation of a criminal trial → ensures that the accused clearly knows the case against him.

1️⃣ Form of Charges (BNSS Sec. 230–234)

Essentials of a Charge

  • Must state offence committed.
  • Must mention the law and section of BNSS/IPC/any other Act.
  • Should contain time, place, and person against whom offence was committed.
  • Language must be clear, unambiguous, and in a language understood by the accused.
  • If accused is illiterate → charge must be read and explained to him.

👉 Example:
Charge under Sec. 379 IPC (theft) – “That you, on 10th June 2025, at 10 a.m., at Connaught Place, Delhi, committed theft of a mobile phone belonging to X, and thereby committed an offence punishable under Sec. 379 IPC.”

If Charge is Defective

  • Curable irregularities: If no prejudice is caused to accused (Sec. 238 BNSS).
  • Not curable: If defect misleads accused and affects his defence.

👉 Case Law:

  • K. C. Builders v. ACIT (2004) – Charge must not be vague.
  • Willie Slaney v. State of M.P. (1956) – Defective charge is not fatal unless prejudice is caused.

2️⃣ Joinder of Charges (BNSS Sec. 235–242)

Sometimes more than one charge/offence can be joined together in one trial.

(a) Single Person – Multiple Offences (Sec. 235–238)

  • If accused commits more than one offence of same kind within 12 months, he may be charged together (max 3 offences).
    👉 Example: A commits 3 thefts within 1 year → he may be tried together for all 3.

(b) Same Transaction – Different Offences (Sec. 236)

  • If offences are committed in same series of acts forming same transaction, charges can be joined.
    👉 Example: A robs B and also causes grievous hurt during robbery → robbery & hurt charges can be joined.

(c) Alternative Charges (Sec. 239)

  • When facts are such that it is doubtful which offence has been committed, accused may be charged in the alternative.
    👉 Example: A may be charged with theft or receiving stolen property, if facts are unclear.

(d) Several Persons – Same Offence (Sec. 240–242)

  • When several persons are accused of:
    • the same offence in same transaction, or
    • different offences committed in same transaction,
      → They may be charged and tried jointly.

👉 Example: A, B, C jointly commit dacoity → all can be tried together.

3️⃣ Flowchart – Charge System

Form of Charge

|

+–> Must state offence, law, section, time, place, person

+–> Clear & precise (read & explained to accused)

+–> Defects curable only if no prejudice

 

Joinder of Charges

|

+– Single person, multiple offences (same kind, within 12 months)

+– Same transaction, different offences

+– Alternative charges (doubtful facts)

+– Several persons, same/different offences in one transaction

 

4️⃣ Important Case Laws

  1. C. Builders v. ACIT (2004)K.C. Builders were accused of concealing income and faced both penalty and prosecution. The ITAT later cancelled the penalty, finding no concealment. The Supreme Court held that once the penalty for concealment is set aside, the criminal case cannot continue. This case clarified that when tax concealment is disproved in appeal, related prosecution automatically fails.

 

  1. Willie Slaney v. State of M.P. (1956)In this case, the accused challenged his conviction, arguing that there was an error in the framing of the charge. The Supreme Court held that a mere defect or irregularity in framing charges does not vitiate the trial unless it causes a failure of justice. The judgment established that procedural errors in charges can be overlooked if the accused had a fair chance to defend himself.
  2. State of Andhra Pradesh v. Cheemalapati Ganeswara Rao (1964)In this case, multiple accused were tried together for related offences. The issue was whether their joint trial was valid. The Supreme Court held that a joint trial is permissible when offences form part of the same transaction and evidence overlaps. The Court emphasized that such trials save time and avoid conflicting judgments, provided no prejudice is caused to the accused.
  3. Banwarilal Jhunjhunwala v. Union of India (1963)In this case, Banwarilal Jhunjhunwala challenged the legality of criminal proceedings initiated without proper sanction. The Supreme Court held that prosecution without mandatory government sanction is invalid and such proceedings are liable to be quashed. The case reaffirmed that obtaining prior sanction is a safeguard against arbitrary prosecution of public servants.

Plea Bargaining

(Sections 265A – 265L BNSS, 2023 – corresponding to CrPC provisions introduced in 2005 Amendment)

1️⃣ Meaning

  • Plea bargaining is a pre-trial negotiation between the accused and the prosecution (with court approval), where the accused voluntarily pleads guilty to a lesser offence or in exchange for a lighter punishment.
  • Aim: To ensure speedy disposal of cases, reduce pendency, and encourage reformative justice.

👉 It is a departure from traditional practice, where normally the accused pleads not guilty and stands trial.

2️⃣ Applicability (Sec. 265A BNSS)

Plea bargaining is available only in:

  • Cases where punishment is up to 7 years imprisonment.
  • Cases not affecting socio-economic condition of country.
  • Cases not committed against women or children below 18 years.

👉 Example: Theft (Sec. 379 IPC – 3 years) is eligible.
👉 But rape, dowry death, economic offences are excluded.

3️⃣ Procedure (Sec. 265B – 265E BNSS)

  1. Application by Accused – Accused files an application to Court for plea bargaining.
  2. Examination by Court – Court examines accused in-camera (without police/prosecution) to ensure application is voluntary.
  3. Notice to Prosecution & Victim – Court issues notice to prosecution and victim for participation.
  4. Mutually Satisfactory Disposition (MSD) – Accused, victim, and prosecution discuss terms (compensation, reduced sentence, etc.).
  5. Report – Court prepares report of settlement.
  6. Judgment – Court passes judgment in terms of agreed settlement.

4️⃣ Types of Plea Bargaining

  • Charge Bargaining – Accused pleads guilty to a lesser charge.
  • Sentence Bargaining – Accused pleads guilty for lighter sentence.
  • Fact Bargaining – Accused admits to certain facts in return for concessions.

5️⃣ Outcome (Sec. 265F – 265L BNSS)

  • Court may sentence accused according to settlement or impose half of minimum punishment prescribed.
  • Conviction based on plea bargaining does not create disqualification for government jobs (unlike normal conviction).
  • No appeal allowed against such judgment (only Special Leave Petition to SC or writ under Art. 226/227).

6️⃣ Advantages

  • Reduces delay in disposal of criminal cases.
  • Helps accused avoid long trial & uncertainty.
  • Provides compensation/justice to victim.
  • Reduces burden on judiciary and prisons.

7️⃣ Case Laws

  1. State of Gujarat v. Natwar Harchandji Thakor (2005)In this case, the Court examined the concept of plea bargaining in India. The accused sought leniency through a voluntary confession. The Gujarat High Court, supported by the Supreme Court, held that plea bargaining can help reduce delays and promote justice if done voluntarily and fairly. The judgment recognized plea bargaining as a valid reform measure, later incorporated into the Criminal Procedure Code through the 2005 Amendment.

 

  1. Kasambhai v. State of Gujarat (1980)In this case, the accused pleaded guilty to get a lighter sentence. The Supreme Court held that plea bargaining is against public policy and cannot be the basis of conviction. The Court ruled that convictions must rest on evidence, not on bargains or compromises. This judgment discouraged plea bargaining until it was later legalized through the Criminal Law (Amendment) Act, 2005.

 

  1. Kachhia Patel Shantilal Koderlal v. State of Gujarat (1980)In this case, the accused entered into a plea deal for a reduced sentence. The Supreme Court held that plea bargaining is illegal and unconstitutional, as it encourages corruption and undermines the fairness of justice. The Court stated that criminal convictions must be based on truth and evidence, not on negotiated settlements. This ruling reaffirmed that plea bargaining had no legal status in India until it was formally introduced in 2005.

 

8️⃣ Flowchart – Plea Bargaining

Accused files application → Court examines voluntariness

↓

Notice to victim & prosecution

↓

Discussion → Mutually satisfactory disposition

↓

Court prepares report → Passes judgment

↓

Sentence awarded (as per settlement)

 

Fair Trial & Trial Procedures under BNSS, 2023

1️⃣ Principal Features of a Fair Trial

A fair trial is the cornerstone of criminal justice under Articles 20, 21 & 22 of the Constitution of India.
The BNSS, 2023 incorporates these principles:

  • Presumption of Innocence – Accused is innocent until proven guilty (Kali Ram v. State of H.P., 1973).
  • Independent & Impartial Judge – Trial must be conducted by a neutral court.
  • Open Court Principle – Trials should be open to public (Sec. 327 CrPC/BNSS).
  • Right to Legal Representation – Accused has right to a lawyer (Art. 22(1), Hussainara Khatoon v. State of Bihar, 1979).
  • Right to Speedy Trial – Delay violates Art. 21 (Hussainara Khatoon case).
  • Right to Cross-Examine Witnesses – Ensures truth (State of Punjab v. Jagir Singh, 1974).
  • Right against Self-Incrimination – Accused cannot be forced to confess guilt (Art. 20(3)).
  • Right to be Informed of Charges – Clear charges must be framed.
  • Protection against Double Jeopardy – No one can be tried twice for same offence (Art. 20(2)).

👉 Essence: Fair trial protects dignity of accused + rights of victim + interest of society.

2️⃣ Trial Procedures under BNSS, 2023

(a) Sessions Trial (Secs. 250–269 BNSS)

Used for serious offences like murder, rape, dacoity, etc. triable by a Court of Session.

Procedure:

  1. Case committed to Sessions Court by Magistrate.
  2. Public Prosecutor opens the case (Sec. 254).
  3. Court considers charge → if no sufficient ground → discharge (Sec. 258).
  4. If ground exists → charges framed (Sec. 259).
  5. Charges read and explained to accused.
  6. Prosecution Evidence (witnesses examined, cross-examined).
  7. Statement of accused under Sec. 313 BNSS.
  8. Defence Evidence, if any.
  9. Arguments by prosecution & defence.
  10. Judgment – Acquittal or Conviction (Sec. 269).

👉 Example: Murder trial under Sec. 302 IPC.

(b) Warrant Trial (Secs. 270–300 BNSS)

A warrant case = offence punishable with death, life imprisonment, or imprisonment > 2 years.

Two types:

(i) Warrant Trial – Cases Instituted on a Police Report (Sec. 277–282)

  1. Police files charge-sheet.
  2. Magistrate considers report → discharge if no ground.
  3. If ground exists → frame charge → read & explained to accused.
  4. Accused asked to plead guilty or claim trial.
  5. Prosecution evidence, cross-examined.
  6. Statement of accused under Sec. 313.
  7. Defence evidence.
  8. Arguments → Judgment.

(ii) Warrant Trial – Cases Instituted Otherwise than on Police Report (Sec. 283–289)

  1. Case instituted by complaint before Magistrate.
  2. Magistrate examines complainant & witnesses.
  3. Process issued against accused.
  4. After appearance, Magistrate hears both sides.
  5. Charge framed → read to accused.
  6. Trial continues like police-report cases.

(iii) Conclusion of Warrant Trial

  • After hearing arguments, court gives judgment (Sec. 296–300).
  • If guilty → sentence; if not guilty → acquittal.

(c) Summons Trial by Magistrates (Secs. 301–314 BNSS)

  • Summons case = offence punishable with imprisonment ≤ 2 years.
  • Procedure is simple and speedy.

Steps:

  1. Accused appears before Magistrate.
  2. Particulars of offence stated (no formal charge).
  3. Accused may plead guilty or contest.
  4. Evidence of prosecution.
  5. Accused may cross-examine and lead evidence.
  6. Arguments.
  7. Judgment → acquittal or conviction.

👉 Example: Simple hurt (Sec. 323 IPC).

(d) Summary Trial (Secs. 315–325 BNSS)

  • Used for minor offences to dispose cases quickly.
  • Conducted by Chief Judicial Magistrate/Metropolitan Magistrate/1st Class Magistrate specially empowered.

Features:

  • Only petty offences (punishment ≤ 3 years).
  • Record of proceedings very brief.
  • Sentence not exceeding 3 months imprisonment.
  • Procedure simplified.

👉 Example: Petty theft, small hurt cases.

3️⃣ Flowchart of Trial Types

 

Sessions Trial → Serious offences (≥7 yrs, life, death)

Warrant Trial → Serious offences (>2 yrs)

|

+– On Police Report (charge-sheet)

+– Otherwise than Police Report (complaint)

Summons Trial → Minor offences (≤2 yrs)

Summary Trial → Petty offences (≤3 yrs, sentence ≤3 months)

 

4️⃣ Important Case Laws

  • Maneka Gandhi v. Union of India (1978)In this landmark case, Maneka Gandhi’s passport was impounded by the government without giving her a reason or an opportunity to be heard. The Supreme Court held that the right to travel abroad is part of the right to personal liberty under Article 21 of the Constitution. The Court expanded the meaning of Article 21, stating that no person can be deprived of liberty except by a “just, fair, and reasonable” This case transformed Indian constitutional law by making fair trial and due process essential parts of fundamental rights.
  • Hussainara Khatoon v. State of Bihar (1979)This case exposed the plight of thousands of undertrial prisoners in Bihar who were detained for years without trial. The Supreme Court held that the right to a speedy trial is a fundamental right under Article 21 of the Constitution. The Court directed the government to release prisoners who had been in jail longer than the maximum sentence for their offences. This judgment became a milestone in protecting the rights of accused persons and ensuring fair and timely justice in India.
  • Zahira Habibullah Sheikh v. State of Gujarat (2004)In this case, Zahira Habibullah Sheikh, a key witness in the 2002 Gujarat riots cases, faced intimidation and threats. The Supreme Court emphasized the protection of witnesses to ensure a fair trial and the integrity of judicial proceedings. The Court ruled that witness protection measures are essential, and any attempt to influence or threaten witnesses can vitiate the trial. This case highlighted the importance of safeguarding witnesses to uphold justice and rule of law.
  • Kali Ram v. State of H.P. (1973)In this case, the accused, Kali Ram, challenged the trial court’s taking of cognizance without proper consideration of facts. The Supreme Court held that a Magistrate takes cognizance only when he applies his mind to the facts of the case. The judgment clarified that mere receipt of a complaint or police report does not constitute cognizance, emphasizing the need for judicial scrutiny before initiating proceedings.

 

Appeal, Revision & Reference under BNSS, 2023

1️⃣ Appeal (Secs. 414 – 431 BNSS)

Meaning

An appeal is the right of a party (accused, prosecution, or complainant) to approach a higher court for reconsideration of a decision of a lower court.
It is a statutory right – not inherent (K. Chinnaswamy Reddy v. State of A.P., AIR 1962 SC).

Types of Appeals

  1. Appeal against Conviction – Accused can appeal against conviction by Magistrate/Sessions Court.
  2. Appeal against Acquittal – State/prosecution can appeal with leave of High Court.
  3. Appeal on Sentence – Against severity or inadequacy of sentence.
  4. Appeal in Special Cases – Where law specifically provides (e.g., SC/ST Act, NDPS Act).

No Appeal in Certain Cases (Sec. 415 BNSS)

  • Conviction on plea of guilty (except legality of sentence).
  • Petty cases with imprisonment ≤ 6 months or fine ≤ ₹1,000.
  • Except where law specifically allows.

Appellate Courts

  • From Magistrate → Sessions Court / High Court.
  • From Sessions Court → High Court.
  • From High Court → Supreme Court (Art. 134 Constitution).

👉 Case Law:

  • State of Kerala v. K.M. Charia Abdulla (1965) – Appeal is continuation of trial.

2️⃣ Revision (Secs. 432 – 442 BNSS)

Meaning

  • Revision is the power of the High Court or Sessions Court to call for the record of any case decided by a subordinate court to check legality, propriety, or correctness.
  • Unlike appeal, it is not a right of the party, but a discretionary power of higher court.

Grounds for Revision

  • Jurisdictional error (court acted beyond power).
  • Legal error (wrong interpretation of law).
  • Procedural irregularity (denial of fair hearing, defective charge).
  • Manifest miscarriage of justice.

Powers in Revision (Sec. 436 BNSS)

  • May reverse, alter, or set aside order.
  • May order retrial.
  • Cannot convert acquittal into conviction (only appeal can do that).

👉 Case Law:

  • Amit Kapoor v. Ramesh Chander (2012) – Revision is supervisory; should not be used as an appeal.
  • K. Chinnaswamy Reddy v. State of A.P. – High Court can interfere in revision to prevent miscarriage of justice.

3️⃣ Reference (Secs. 443 – 446 BNSS)

Meaning

  • Reference is a procedure where a subordinate court refers a legal question to the High Court for its authoritative decision.
  • Purpose: To seek clarification on law or validity of an Act/provision.

When Reference Made

  • When a Magistrate or Sessions Judge believes an Act, Ordinance, or Regulation is invalid/unconstitutional.
  • When a lower court has doubt about legality of a provision.

Procedure

  1. Subordinate court states the case and legal question.
  2. Refers it to the High Court.
  3. High Court hears parties and decides the question.
  4. Lower court must act according to High Court’s ruling.

👉 Case Law:

  • Emperor v. Balkrishna Phansalkar (1933) – Reference is limited to substantial questions of law, not facts.

4️⃣ Differences at a Glance

Feature Appeal Revision Reference
Nature Statutory right of party Discretionary power of higher court Subordinate court seeks guidance
Scope Rehearing on law & facts Supervisory – checks legality & propriety Legal question only
Initiated by Aggrieved party Court (High Court/Sessions) Subordinate court
Result Order can be reversed, altered, acquittal → conviction Cannot convert acquittal into conviction High Court gives authoritative ruling
Examples Appeal against conviction Revision for defective charge Reference on validity of statute

  

5️⃣ Flowchart

Trial Court → Judgment

↓

Appeal (right of party) → Higher Court (law + facts)

↓

Revision (discretionary) → Supervisory check by High Court/Sessions

↓

Reference (legal question) → Lower court refers to High Court for clarification

 

Maintenance of Wives, Children and Parents

(Sections 144 – 148 BNSS, 2023; corresponds to Sections 125–128 CrPC, 1973)

1️⃣ Meaning & Object

  • Maintenance = financial support ordered by court to dependent persons.
  • Objective: To prevent vagrancy and destitution of wives, children and parents who cannot maintain themselves.
  • This is a social justice measure under Article 15(3) & 39 of the Constitution.
  • It imposes a duty on person (usually husband/son) who has sufficient means to maintain his dependents.

👉 Case Law: Mohd. Ahmed Khan v. Shah Bano Begum (1985) – Right to maintenance is part of social justice and law applies to all religions.

2️⃣ Who Can Claim Maintenance (Sec. 144 BNSS)

  1. Wife
    • Legally wedded wife, including divorced wife not remarried.
    • Cannot claim if living in adultery, refusing to live with husband without cause, or if remarried.
    • (Rohtash Singh v. Ramendri, 2000 – even a divorced wife entitled till she remarries).
  2. Children
    • Legitimate or illegitimate minor children.
    • Unmarried major daughter unable to maintain herself.
    • Major child suffering from physical/mental disability.
  3. Parents
    • Father or mother (including adoptive parents) who are unable to maintain themselves.

👉 Only those who are unable to maintain themselves can claim.

  

3️⃣ Against Whom Maintenance Can be Claimed

  • Any person who:
    • Has sufficient means, and
    • Neglects or refuses to maintain dependents.

4️⃣ Quantum of Maintenance (Sec. 144(3) BNSS)

  • Decided by Magistrate considering status, needs of claimant, and means of respondent.
  • No fixed limit in BNSS (CrPC earlier had ceiling, later removed).
  • Interim maintenance can also be granted.

5️⃣ Procedure (Secs. 145–148 BNSS)

  1. Application to Magistrate of 1st Class.
  2. Notice issued to respondent.
  3. Inquiry conducted (summary procedure).
  4. Court may order:
    • Monthly allowance from date of application or order.
    • Interim maintenance pending case.
  5. Enforcement – If respondent fails to pay, court may issue warrant for recovery (Sec. 147).
  6. Imprisonment – Up to 1 month for each month’s default (Sec. 148).

👉 Poongodi v. Thangavel (2013) – Maintenance order can be enforced like a fine.

6️⃣ Key Principles from Case Law

  • Shah Bano Case (1985)Shah Bano, a divorced Muslim woman, sought maintenance from her husband. The Supreme Court held that all women, regardless of religion, are entitled to maintenance under Section 125 CrPC. The case reinforced women’s rights, equality, and protection against destitution, becoming a landmark for social justice in India.
  • Danial Latifi v. Union of India (2001)In this case, the Supreme Court addressed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limited maintenance to the iddat period. The Court held that the Act must be read in harmony with Shah Bano judgment, ensuring a divorced Muslim woman receives reasonable and fair provision beyond iddat if she cannot maintain herself. This judgment balanced religious law with statutory rights, reinforcing protection for women while respecting constitutional principles of equality and justice.

 

  • Bhuwan Mohan Singh v. Meena (2014)

In this case, Bhuwan Mohan Singh, a husband, challenged a maintenance order granted to his wife under Section 125 CrPC. The Rajasthan High Court upheld the order, stating that a husband cannot evade his legal obligation to maintain his wife. The case reinforced that maintenance is a statutory right of the wife and cannot be denied on trivial grounds, emphasizing protection of women from destitution.

  • Savitaben Somabhai Bhatiya v. State of Gujarat (2005)

In this case, the issue was whether a wife from a void or illegal marriage could claim maintenance under Section 125 CrPC. The Gujarat High Court held that only a legally wedded wife is entitled to maintenance. A wife of a void or prohibited marriage cannot claim maintenance. The case clarified the scope of Section 125 CrPC, emphasizing that maintenance rights are restricted to legally recognized marriages.

 

7️⃣ Flowchart – Maintenance Process

Person entitled (wife / child / parent)

↓

Files application before Magistrate (Sec. 144 BNSS)

↓

Magistrate issues notice → conducts inquiry

↓

Order of monthly maintenance / interim relief

↓

If default → Recovery warrant / Imprisonment (Sec. 147–148)

 

 

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