BHARATIYA NAGARIK SURAKSHA SANHITHA, 2024 PART A (5 x 6=30) 1. Charge sheet. Ans) Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a chargesheet is a formal document prepared by the police upon completing their investigation into a cognizable offense. As outlined in Section 193 of the BNSS, the chargesheet includes: + Names of the parties involved + Nature of the information + Names of persons acquainted with the case circumstances = Sequence of custody in case of electronic devices The charge sheet must be submitted to a Magistrate empowered to take cognizance of the offences listed. Timely filing is crucial; for offences punishable by imprisonment of less than 10 years, the charge-sheet should be filed within 60 days. For offences punishable by imprisonment of 10 years or more, life imprisonment, or the death penalty, the time- frame extends to 90 days. Failure to adhere to these time-lines can entitle the accused to bail. It's important to distinguish between a First Information Report (FIR) and a charge-sheet. An FIR is the initial report filed when the police receive information about a cognizable offence, marking the commencement of the investigation. In contrast, a charge sheet is filed upon the investigation’s completion, detailing the evidence and charges against the accused. While an FIR does not determine guilt, a charge-sheet, supported by evidence, is used during the trial to establish the accused's culpability. 2. Juvenile (juvenile home) (rehabilitation of juvenile). Ans) 1. Definition of Juvenile Under indian law, a juvenile is an individual below the age of 18 years. Special provisions are in place for those:© Inconflict with the law. + Inneed of care and protection, The Juvenile Justice (Care and Protection of Children) Act, 2015, continues to act as the cornerstone for juverile justice, while 8NSS integrates its principles into broader criminal justice reforms. 2. Juvenile Homes Juvenile homes, also known as chiid care institutions (CIs), provide shelter and care for juveniles. These homes are categorized into: = Observation Homes: Temporery facilities for juveniles during the pendency of an nauiry. += Special Homes: For rehabilitation and long-term care of juveniles found guilty of offenses. + Shelter Homes: For children in need of care and protection. 3. Rehabilitation of Juveniles Rehabilitation remains a central focus under the BNSS, in alignment with the Juvenile Justice Act, ensuring * Reintegration into society with dignity. * Addressing underlying factors ike poverty, lack of education, or family breakdown. Rehabilitation Strategies: Education: Ensuring access to formal education for juveniles in care. Vocational Training: Training in trades tke carpentry, tailoring, or T to enhance employability Counseling and Mentorship: Providing psychological support to address trauma and instil confidence, Community-Based Rehabilitation: Bowne © _Linking juveniles with family support. (0 Involving local NGOs and social workers to foster community acceptance, 5._ Restorative Justice: Encouraging reconciliation between offenders, victims, and communities through dialogue, 3. Compensation. ANS) Here's an overview of compensation under the BNSS: 1. Victim Compensation Framework The BNSS Section 396 . The key objectives of this framework are: + Toprovide monetary relief to victims or their dependents who have suffered due to a crime. = To address physical, emotiona, and financial harm caused by the offense. Key Aspects:* Compensation is awarded regardless of the conviction of the offender, focusing solely on the harm caused to the victim. * Both state-funded and court-ordered compensation mechanisms are avalable. 2. State Victim Compensation Scheme The 8NSS mandates states and union territories to establish a Vietim Compensation Fund, ensuring resources ate readily available for eligible victims. These schemes cover: + Compensation for heinous crimes like rape, acid attacks, human trafficking, and rmurder. * Support for medical expenses, rehabilitation, and livaiincod restoration. 3. Court Ordered Compensation Courts under the BNSS are empowered to: * Direct compensation to victims at the time of sentencing, particulatly in cases where the offender is convicted. ‘Award interim reief during the pendency of proceedings, ensuring immediate assistance to the victim, Types of Compensation: 1. Interim Compensation: support. 2. Final Compensation: Ordered after the conviction or acquittal based on the victirr's needs and harm suffered, ranted during the trial for urgent needs like medical treatment or 4, Compensation for Specific Offenses The 8NSS enhances compensation provisions for certain categories of crimes, such as 1. Acid attack Survivors: © Comprehensive medical expenses, (© Rehabilitation and long-term support. 2. Vietims of Sexual Offenses: © Support for psychological counseling and rehabilitation, (0 Relief under the Nirbhaya Fund. 3. Familios of Murdor Victims: (© Financial assistance to dependents. 4. Trafficking Victims: (© Support for reintegration into society and livelihood training. 5. Application Process for Victim Compensation Victims or their dependents can apply for compensation through:+ Direct petitions to the State/bistrict Legal Services Authority (SLSA/DLSA). + Judicial directives as part of criminal proceedings. The authorities assess factors lke: * Gravity of the offense, * Financial status of the victim, Expenses incurred or to be incurred. 6. Monitoring and Accountabiity The NSS includes mechanisms for menitering victim compensation: + Periodic Review: Ensures timely disbursement of compensation. + Oversight by Legal Services Authorities: Responsible fo: the implementation of victir compensation schemes. 7. Challenges and Recommendations Chalenge: + Delays in disbursement of compensation Inadequate funds in sore state compensation schemes, * Lack of awareness among victims about their rights. Recommendation: 1. Awareness Campaigns: Informing victims about available compensation schemes and application processes. 2. Streamlining Procedures: Reducing bureaucratic hurdles for faster disbursement. 3. Enhanced Funding: Ensuring states allocate sufficient resources for victim compensation 4. Supportive Services: integrating compensation with counseling, rehabilitation, and legal aid. 4. Rights of arrested (EES ee ee se eT [Renee ronment pestis eariroiorry eben rn 1. Right to Be Informed of Grounds of Arrest and Right to Bat (Section 47): An individual arrested without a warrant must be promptly informed of the specific reasons for their arest. If the arrest pertains to a bailable offerse, the arresting officer is obligated to inform the detainee of their entitiemeent to bai, allowing them to arrange for sureties, eee eeaaa Cate)The arresting authority must immediately notify a relative, fiend, or any person nominated by the: arrested individual about the arrest and the location of detention The arrested person should be made aware of this right upon arrival at the poiice station. econ Se eet Ea ee (DOERR ue Etec acu Rear eee eS Followe Eee eae ee nena acer oa ace During police interrogation, the arrested person is entitled to consult with a lawyer of their choice, ete et este Tek eres ea ot ate Taos PaO Oe ogee aE eee oe eee Ce kee ae tec) Sees rec gie ct) Ce eee ia eee eats caer) Oe eeee Eien Ruel beds es sec Ce eee ne oa ees ee eect ee ere Do eee ee cee an eC Cama Tac) charge of a police station without unnecessary delay. De Le ee re oC MN ec cream ey special orderis obtained under Section 187. These provisions are designed to protect the rights of arrested individuals and ensure adherence to| Jdue process within the Indian legal framework. 5. Parole. Ans) Here isan overview of parcle under BNSS: 1. Definition of ParolePardle is a conditional release granted to prisoners, lowing them to spend a specified time outside prison while remaining under certain restrictions and the supervision of authorities. tis not a right but a privilege granted under statutory provisions. 2. Purpose of Parole The primary objectives of parole under 8NSS include: * Promoting rehablitation and reintegration of the prisoner into society. * Allowing prisoners to address personal or family emergencies. + Reducing the psychological impact of prolonged incarceration. + Faciitating good behavior and discipline among prisoners. 3. Types of Parole 1. Custodial Parole: Temporary release of prisoners for short periods, typically under police escort. 2. Regular Parole: Granted for longer durstions (weeks to months) with specific conditions and without continuous police escort. 44. Grounds for Granting Parole Pardle may be granted under the BNSS for the following reasons: 1, Humanitarian Grounds: Mecical emergencies (for the prisoner or their immediate family members). Death or severe ilness of a family member. Martiage of aclose relative. Attending funerals or perfortring last rites. 2. Rehabilitative Grounds: © Patticipation in educational or vocational programs. (© Engagement in community service or activities aiding reintegration. 3. Exceptional Grounds: © Natural disasters affecting the prisoner's family. © Other cases deemed fit by the competent authority 6. Unlawful assembly. Anns) in the aharatiya Nagavik Suraksha Sankita (ANSS), 2023, Section 128 addresses the dispersal of unlawful assemblies. This section empowers certain authorities to command and, if necessary, enforce the dispersal of assemblies that are deemed unlawful or ae likely to cause @ disturbance of public peace. The definition of “unlawful assembly" is provided in Section 189 of the Bharatiya Nyaye Sanhita (BNs), 2023. According to this section, an assembly of five or more persons is considered unlawful if its common objective is to:1. Overawe by criminal force, or show of criminal force, the Cental or any State Government, Parliament, or the Legislature of any State, or any public servant in the exercise of ther lawful powers. 2. Resist the execution of any law or legal process 3. Commit any mischief, criminal trespass, or other offense, 4, By means of criminal force, or show of criminal force, to any person, take or obtain possession of any property, or deprive any person of the enjoyment of a right of way, the use of water, or other incorporeal rights, 5. By means of criminal force, or show of criminal force, compel any person to do what they are not legaly bound to do, or omit to do what they are legally entitled to do. (© These provisions aim to maintain public order by defining unlawful assemblies and granting authorities the power to manage and disperse such gatherings when necessary. 7. Plea bargaining. Ans) The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, acdresses plea bargaining in Chepter XXill encompassing Sections 289 0 300. Key provisions include: 1. Application of the Chapter (Section 280) ‘This chapter applies to anaccused against whom a report hes been forwarded by the police under Section 193 or upon whom a Magistrate has taken cognizance upon @ complaint. 2. Application for Plea Bargaining (Section 290): ‘An accused person ray file an application for plea bargaining in the court where the tial is pending. The application must be sulsmitted within thirty days from the date of framing of charges. The court may giant 2 period not exceeding sixty days for the Public Prosecutor or complainant and the accused to work towards a mutually satisfactory disposition. 3, Guidelines for Mutually Satisfactory Disposition (Section 291} ‘The court shall issue guidelines to facilitate discussions between the prosecution, the accused, and the victim (if any) to reach a mutually satisfactory disposition of the case, 4, Disposition of the Case (Section 292): Upon reaching a satisfactory agreement, the court shall dispose of the case by sentencing the accusedin accordance with the terms agreed upon, ensuring that the punishment is not less than one-fourth of the prescribed punishment for the offense, 5, Special Provision for First-Time Offenders (Section 293): If the accused isa first-time offender with no prior convictions, the court may sentence such an individual to one-fourth or one-sixth of the purishment prescribed for the offense, depending on the circumstances. ‘These provisions aim to streamline the judicial process by encouraging negotiated resolutions while ensuring that the rights of the accused and the interests ot justice are maintained,8. Inquiry. Ans) 1. Definition of inquiry Under the BNSS, an inquiry is: + Aprocess conducted by 2 magistrate or authorized authority to determine the vaidity of allegations and evidence in a case. + Itincludes the collection and exarrination of evidence but excludes the formal tra. 2. Purpose of inquiry The purpose of an inquiry under BNSS is to: ‘Ascertain whether there isa prima facie case against the accused Prevent frivolous or baseless charges from proceeding to tril, Determine if the accused should face charges under the law. RYN {Aid in deciding whether further investigation or legal action is necessary. 3. Key Stages of Inquiry The BNSS outlines the following stages in an inquiry. }) Initiation of inquiry: © Initistedby a magistrate based on: + Apelice report. + A private complant. = Suo motu cognizance of an offense, 2) Examination of evidence: © Examination of compiainents, witnesses, and documentary evidence. © Recording statements under Section 200 BNSS for private complaints. 3) Issuance of Summons or Warrants: (© If sufficient grounds are found, the magistrate issues summons or warrants to the accused under Sections 204-205 BNSS. 4) Dismissal of Complaint: © If no sufficient ground exists, the magistrate may dismiss the complaint under Section 203 BNSS, ensuring protection from baseless proceedings. 5) Framing of Charges: (© If the inquiry establishes prima face evidence, charges are framed under Section 228 BNSS, transitioning the case into the tral stage. 4, Types of Inquiries1) Judicial inquiry: (© Conducted by magistrates in cases requiring judicial scrutiny. © Focuseson determining the accused's culpability. 2) Preliminary inquiry: (0 _Limited to cases where specific legal provisions require an inquiry before initiating legal proceedings (e.., offenses involving public servants), 43) Special inquiries: © Incasesinvolving juveniles, special procedures under the Juvenile Justice Act are followed. © Cases involving public servants require prior sanction or approval under applicable laws. 9. Prosecutors & public prosecutors. Ans) chapter? of the sharatiya Nyaya Santita, 2023 (BNS) covers the provision of Public Prosecutor under constitution of Criminal Courts. ‘Legal Provisions under BNSS Regarding public Prosecutor Section 18: Public Prosecutors ° ‘Appointment at High Court Level: . Central/State Government appointments for High Court. . Special provision for National Capital erritary of Deb. . Central Government's pawer to appoint for districts/lacal areas, ° District Level Appointments: State Government's eppontment powers. Crose-district appointments provision. . Panel preparation process. ° {Qualifications and Selection: . Regular Cadre of Prosacuting Officers. . Eligibility criteria [not less than 7 years practice as an advocate), . Panel selection process by District Magstrate. ° Special Public Prosecutors . Appointment criteria (notless than 10 years practice as an advocate). . Victim's right to engege advocate. : Service period calculations. Section 19: Assistant Pubic Prosecutors. ° ‘Appointments and Authority: State Government appointments for Magistrate Courts. Central Government appointment powers. District Magistrate's emergency appointment powers. Restrictions on Police Officers: Eligibility restrictions Rank requirements, irectorate of Prosecution ° Organizational Structure: . state level drectorate. . District level directorates, . Administrative hierarchy. ° {qualification Requirements: . Director and Deputy Director (15 years practice as an advocate oris/has been Sessions Judge} Assistant Director (7 years practice as an advocate or has been Fist Class Magistrate).‘Administrative Control and Subordination: Home Department oversight. Hierarchical structure Subordination of various prosecutors. Powersand Functions Directors responsibilities (to deal with the offences are punishable for more than 10 years) Deputy Director's duties (to deal with the offences are punishable for 7 tol0 years), Assistant Director's role (to deal with the offences are punishable for less than 7 years). General powers and notifications 10. Summons. AN) 1. Definition of Summons ‘A summonsis a forrral witten order issued by a court under 8NSS requiring: * Aperson to appear at a specified time and place. + Compliance with specific instructions, such as producing evidence or answering charges. in the Bharatiya Nagaiic Surakcha Sanhta (ANSE), 2028, summons are formal egaldacuments issued by a court to compel an individual's appearance or the production of documents, The BNSS Outlines the procedures and forms related to surnmmonsin Sections 63 to 71 Key Provisions: 1. Form of Summons (Section 63} Every summons issted by 2 court must be: in writing, in duplicate Signed by the presiding officer of the court or an authorized officer es directed by the High Court. Bearing the seal of the court. 2. Service of Summons (Sections 64 to 7): General Procedure (Section 64): ‘Summons should be served personally to the individual concerned. If the personis unavailable, the summons may be left with an adult male member of the family residing with them, Service on Corporate Bodies and Societies [Section 66}: ‘Summons can be served to the secretary, local manager, or other principal officers of the corporation Service by Post or Electronic Communication (Section 7): ‘[Link] may direct that a copy of the summons be served by registered post or electronic communication to a witness's usual place of residence or business.‘An acknowledgment signed by the witness ar an endorsement by a postal employee indicating refusal to accept the summons can be deemed as valid service. Types of Summons: While the BNSS does not explicitly categorize summonsinto distinct types, the context and purpose of the summons can vary: Summons to Accused Petsons: Issued to individuals accused of an offense, requiring their appearance in court. Summons to Witnesses: Directed to individuals whose testimony is necessary for a case, compelling them to appear and provide evidence ‘Summons to Produce Documents or Things: Issued to individuals or entities in possession of documents or items relevant to acase, requiring them to produce such materials in court. These provisions ensure that individuals are properly notified of legal proceedings and obligations, faciltating the smooth functioning of the judical process. 5. Non-Compliance with Summons Under BNSS, failure to comply with a summons can lead to: 1. Issuance of a Warrant: (© Ifthe person fails to appear without valid reason, the court may issue a bailable or non-bailable warrant 2. Legal Consequences: ‘© Non-compliance can result in penatties or contempt of court proceedings. Tl. Bailable offences / Non-bailable offences. ‘Ans) _in the shartiya Nagar surasha Sarita [BNSS), 2023, the legl provisions concerning baileble and non-balable offenses are outlined as folows 1. Definitions (Section 2()(¢)): Baileble Offense: An offense classified as bailable in the First Schedule of the BNSS or made bailable by any other prevailing law.Non-Ballable Offense: An offense that is not classified as bailable. 2. Bail Provisions: Bailable Offenses In cases of bailable offenses, the accused has the right to be released on bail, The police officer or the court handling the case is obligated to grant bail upon proper application and assurance. Non-Bailable Offenses (Section 480): For non-bailable offenses, bail is not a matter of right. However, the court may exercise discretion to grant bail, considering factors such as the nature and tavity of the offense, the accused's antecedents, and the likelihood of the accused fleeing or tampering with evidence. 3. Chssification of Offenses (First Schedule}: The First Schedule of the NSS provides a detailed lst of offenses, specifying which are balable and which are non-balable, Ths clesification guides law enforcement and jucicial authorities in determining the bail eligibility of an accused person, These provisions aim to balance individual rights with societal interests, ensuring that bail decisions are made judiciously based on the speatfics of each case. 12. Cognizable / Non-cognizable offences. ANS) The Bharatiya Nagarik Suraksha Senhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), classifies offenses into two primary categories: cognizable and non- cognizable Cognizable offenses Defined unider Section 2(g) of the 8NSS as offenses for which a police officer may arrest without a warrant, in accordance with the First Schedule or any other prevailing law. Typically encompass serious crimes such as rape, murder, kidnapping, theft, and abduction. Police have the authority to initiate investigations without prior approval from a magistrate. Non-Cognizable Offenses: Defined under Section 2(0) of the BNSS as offenses for which a police officer has no authority to arrest without a warrant. Generally pertain to less severe crimes. Police require explicit permission froma magistrate to commence an investigation or make an arrest, The First Schedule of the BNSS provides a detalled classification of offenses, specifying which are cognizable and which are non-cognizable. 13. Complaint. A\ns) In the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the term “complaint”is defined in Section 2()(h). According to this provision, a complaint refers to any allegation made oraly ot in writing to a Magistrate, with the intent of prompting action under the Sanhita, asserting that aperson, whether known or unknown, has committed an offense. Notably, this definition excludes police reports In the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedures related to complaints made to Magistrates are detalled in Chapter XVI, encompassing Sections 223 to 226. Key provisions include: 1. Examination of Complainant (Section 223): ‘A Magistrate taking cognizance of an offense based ona complaint is required to examine the complainant and any present witnesses under oath. The substance of this examination must be documented in writing and signed by the complainant, the witnesses, and the Magistrate. Before taking cognizance of the offense, the Magistrate must provide the accused with an opportunity to be heard, 2. Procedure for incompetent Magistrate (Section 224) Ifa complaint is presented toa Magistrate who lacks the jurisdiction to take cognizance of the offense, the Magistrate should: If the complaint i in writing, return it to the complainant for submission to the appropriate court, with an endorsement indicating this action. If the complaint is oral, direct the complainant to the proper court. 3. Postponement of Issue of Process (Section 225}: The Magistrate has the discretion to postpone the issuance of process against the accused and may either inquire into the case themselves or direct an investigation by a police officer or another person deemed appropriate to determine the validty of the complaint. This provision ensures that the Magistrate can verify the legitimacy of the complaint before proceeding. 4, Dsmissal of Complaint (Section 226): ‘A Magistrate may dismiss a compaint if, after considering the statements of the complainant and witnesses, there is insufficient ground to proceed. The Magistrate is required to record brief reasons for such dismissal, promoting transparency and accountability in the judicial process. These sections are designed to ensure that complaints re thoroughly evaluated before initiating formal legal proceedings, thereby safeguarding the rights of all parties involved. 14. Police. A\ns) _ In the Bharatiya Nagarik Suraxsha Sanhita (BNSS), 2023, the term "police officer’ is defined in Section 2()(w). According to ths section, a ‘police officer" refers to any member of a police force appointed or deemed to be appointed tnder the Police Act, 186}, or any ather Act that establishes and maintains a police force. The BNSS outlines the powers and duties of police officers in various sectiors, including: Section 35: This section specifies the circumstances under which palice officers may arrest individuals without a warrant. Forinstance, a police officer can arrest someone who commitsacognizable offense in their presence or against whom credible information has been received indicating involvement ina cognizable offense Section 37(b): This provision mandates that in every district and at every police station, there must bea designated police officer, not below the rank of Assistant Sub-Inspector, responsible for maintaining and displaying information to the public about detais of persons arrested. These provisions aim to define the role of police officers clearly and outiine their responsbilities within the framework of the BNSS. 15. Seizure. ANS) key Provisions Related ta Seizure Under BNSS 1. Definition of Seizure: 1. Seizure involves taking custody of items connected to an offenss, either during a search or independently, as part of theinvestigation process. General Procedure for Seizure 1) Authorization for Seizure: 1. Police officers can seize any property that is beleved to be connected with the commission of an offense. 2. In some cases, seizure may require a warrant Or approval froma magstrate, particularly for non-cognizable offenses or private premises. 2) Seizure during Search: 1h, tf alawful seafchis Ecnducted (with or withouta warrant), items discovered that may be evidence of acrime can be seized. 3) Documentation of Seizure: Police must prepare a seizure memo, detailing: 1. Description of the items seized 2. Date, time, and lacation of seizure. 3. Names of witnesses present during the seizure (at least two independent witnesses, wherever possible) The seizure memo must be signed by the police officer, witnesses, and the owner or possessor of the seized items (if present). 4) Reporting to the Magistrate: 1. Police must report the details of the seizure to the magistrate promptly. 2. The magistrate oversses whether the seizure complies with legal requirments. 5) Handling of Seized Property: 1. Seized items must be carefully cataloged and stored securely to prevent tampering,2. In some cases, the magistrate may allow interim custody of seized property to a lawful claimant (e.g, the owner). Special Cases of Seizure 1) Seizure of Documents and Evidence: 1. If digital evidence (e.g, computers, hard drives) is seized, care must be taken to preserve the integrity of the data. 2. in cases of financial crimes, police may seize documents such as bank statements, transaction records, or property deeds, 2) Seizure of Weapons or Contraband: 1. Weapons, drugs, or any ilegalitems found in possession of an individual can be seized immediately. 3) Seizure in Cybercrimes: 1, Electronic devices and data can be seized as per the BNSS guidelines, ensuring the chain of custody is maintained for admissitility in court. 4) Preventive Seizures: Police can seize items that may be used to commit 3 crime (e.g. firearms, explosives) under preventive provisions: Rights of the Affected Party + Theiindividual from whor property is seized has the right to © Receive a copy of the seizure memo. 0 Appeal to the magistrate for the return of property f itis unrelated to the offense or if they are the lawful owner. 16. Review. Anns) In the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the term ‘review’ is not explicitly defined. However, the BNSS introduces several provisions aimed at enhancing the efficiency and transparency of the criminal justice system, which may be considered as part of a broader review or reform process. Key Provisions Related to Review and Reform: 1. Mandating Forensic Investigation (Section 53}: The BNSS mandates forensic investigation for offenses punishable with seven years of imprisonment of more. Forensic experts are required to vist crime scenes to colect forensic. evidence and record the process. 2. Registration of First information Reports (FiRs) (Section 154): The BNSS requires the registration of an FIR if the complaint relates to a cognizable offense. This provision aims to ensure that all cognizable offenses are promptly recorded and investigated.3. Bail Provisions (Section 47): The BNSS defines bai, bond, and bail bond, providing clarity on the procedures and conditions under which bail may be granted. 4, Separation of Offenses (Section 2(0)(c)): The BNSS classifies offenses into two catagorios: cognizable and non-cognizable. Cognizablo offenses are those in which the police can arrest and initiate an investigation without a warrant, while non-cognizable offenses require a warrant and, in some cases, a Compiaint by the victim or a third party. These provisions reflect @ comprehensive approach to reforming the criminal justice system, focusing on efficiency, transparency, and the protection of citizens’ rights. 17, Probation. Ans) in the eharatiya Nagarik Surakshe Sarhita (BNSS), 2023, the concept of probation is addressed in Section 40}, titled "Order to release on probation of good conduct or after admonition.’ This provision alows courts to retease certain offenders on probation instead of imposing immediate punishment, airing to rehabiitate offenders through supervision and. support. Key Provisions of Section 40% [Link] Criteria: The offender must be under twenty-one years of age or a worran. The offense should not be punishable with death or imprisonment for lif. The offender must have no previous convictions. 2. Conditions for Probation: The court may release the offender on probation if it considers it expedient, based on factors such as the offender's age, character, antecedents, and the circumstances of the offense. The offender is required to enter into a bond, with or without sureties, to appear and receive sentence when called upon during a period not exceeding three years. During this period, the offender must keep the peace and be of good behavior. 3. Procedure: The court may direct the offender to be placed under the supervision of a probation officer or any other person deemed appropriate. The court can impose additional conditions, such as attending counseling sessions, performing community service, or making restitution to the victim, 4, Revocation of Probation: If the offender fails to comply with the conditions of probation, the court may revoke the probation order and proceed to impose the original sentence,This provision aligns with the objectives of the Probation of Offenders Act, 1958, which aims to rehabilitate offenders by allowing them to serve their sentence undar supervision, thereby reducing the burden on prisons and promoting the reintegration of offenders into scciety. By incorporating such provisions, the BNSS seeks to provide a rehabilitative approach to criminal justice, focusing on the reformation of offenders rather than solely on punitive measures. 18. Death sentence, Ans) In the eharatiya Nagarik Suraksha Sanita (@NSS), 2023, the death sentence is addressed. in several sections, outlining its applicability, procedures, and limitations, Key Provisions Related to the Death Sentence: 1. Punishments (Section 4): The BNSS enumerates the punishments applicable under its provisions, including: © Death © Imprisonment for life © Imprisonment (rigorous and simple) Forfeiture of property © Fine © Community service This classification aligns with the Indian Penal Code (IPC) Section 53, which also lists death as a punishment. 2. Offenses Punishable with Death (Various Sections): The BNSS specifies certain offenses that are punishable by death, including: Murder: Section 103 Lynching: Section 103(2) Gang rape of a worran under 18 years of age: Section 70(2) Repeat offenses in the context of rape: Section 71 Terrorism resulting in the death of any person: Section 13(2)(a) ‘Abetment of mutiny, if mutiny is actually committed in consequence: Section 160 om aene These provisions are designed to address severe crimes with stringent penalties. 3. Commutation of Death Sentence (Section 474) The BNSS grants the appropriate government the authority to commute a death sentence to any other punishment provided under the Sanhita. This power is subject to certain restrictions, ensuring that commutation is exercised judiciously. 4, Confirmation of Death Sentence (Section 407): When a Court of Session passes adeath sentence, it must be submitted immediately to the High Court for confirmation, The sentence cannot be executed unless the High Court confirms it. ‘Addtionally, the Court passing the sentence is required to commit the convicted person to jail custody under a warrant. 5. Restriction on Powers of Remission or Commutation (Section 475):This provision restricts the powers of remission or commutation in certain cases, particularly when a lfe imprisonment sentence is imposed for an offense for which death is one of the Punishments provided by law, or when a death sentence has been commuted to life imprisonment. ‘These provisions collectively establish the framework for the imposition, Confirmation, and potential commutation of the death sentence under the ENSS, reflecting a structured approach to capital punishment within the Indian legal system, 19. Fair trial. AMns) the sharatiya Nagarik Suraksha Sarhita (BNSS), 2023, emphasizes the protection of the fight to a fair tia forall individuals accused of offerses. Whie the BNSS doesnot provide a specific definition of “fair trial” it incorporates several provisions to ensure that trials are conducted justly and transparently. Key Provisions Related to Fair Trak |. Rights of the Accused (Section 8} The BNSS guarantees the rights of the accused, including the right to a fair tral, legal represertation, and protection against unlawful detention or coercion 2. Transparency in Trials (Section 6}: The 8NSS mandates that al tals, Inquiries, and proceedings may be heldin electronic mode, enhancing transparency and accessibility 3, Forensic investigation (Section 176(3)): For offenses punishable with seven years of imprisonment or more, the BNSS requires forensic pert to iat i ans i eee iden, ing te nin gihy of the evidence edn trials. 4. Trial in Absence of Proclaimed Offerders (Section 82} If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting them, the tial can be conducted and judgment pronounced in their absence, provided that the principles of natural justice are upheld. These provisions collectively aim to uphold the principles of justice, ensuring that crials are conducted fairly, transparently, and in accordance with the rights of the accused. [Link] of trial. Anns) in the sharatiya Nagark Suraksha Sanhita (BNSS), 2023, the venue of tralis primarily determined by the jurisdictional rules outlined in the Sanhita. Specifically, Section 197 addresses the place of inquiry or tral. Section 197 ~ Orcinary Place of Inquiry and Trial;This section stipulates that: Ordinary Jurisdiction: Every offense shall ordinaily be inquired into and tried by a court within whose local jurisdiction it was committed, Exceptions: In certain circumstances, such as when itis uncertain in which of several local areas an offense was committed, or when an offense is cormmitted partly in one local area and partly in another, the offense maybe inquired into or tried by a court having jurisdiction over any of such local areas. ‘These provisions ensure that trials are conducted in 2 manner that is both convenient and just, taking into account the specifics of each case. ‘Additionally, the BNSS empowers courts to conduct proceedings through electronic means, such as audio-video conferencing, to facilitate trals in appropriate verues. These provisions collectively aim to provide flexibility and efficiency in determining the venue for trials under the BNSS, 21. Reference. ANS) _ inthe Bharatiya Nagarik Suraksha Sanhita [BNSS), 2023, the term "reference" pertains to the process by whicha court seeks the opinion of a higher court on spectfic egal questions arising during procesdings, Key Provisions Related to Reference: 1. Section 436 — Reference to High Court: ‘© This soction empowers a court to refer a case to the High Court when it involves a question regarding the Validity of any Act, Ordinance, Regulation, or provision therein, which is essential for the case's resolution. © Thecourt must state the case, outlining its opinion and reasons, and refer it to the High Court fora decision. ‘© The High Court, upon receiving the reference, will pass an order as it deems fit and send a copy of the order to the referring court, which must dispose of the case in accordance with the High Court's decision, 2. Section 437 — Reference by Court of Session (© This section allows a Court of Session to refer any question of law arising during 2 case to the High Court, even if the case doesn't fall under Section 436, © Thecourt may refer the question for the High Court's decision, ensuring that the legd process is correctly followed. 4 Purpose of Reference: The reference mechanism ensures that legal questions, especially those concerning the validity of laws or regulations, ae addressed by a higher court, maintaining consistency and clarity in the application of the law, 5. Example: If a lower court encounters a case where the vaiity of a state regulation isin question and is crucial for the case's outcome, the court may refer the matter to the High Court for a decision,22. Victim. Ans) In the Bharatiya Nagarik Suraksha Santita (BNSS), 2023, the term “victim” is defined in Section 2{y) 3: > "A person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the quarcian or legal heir of such vietirn" This definition encompasses individuals who have drectly experienced harm due to the accused's, actions, as well as their guardians or legal heirs © The BNSS emphasizes a victim-centric approach, ensuring that victims ate informed of their rights and the progress of the investigation. It mandates the provision of police reports, First Information Reports (FiRs), and other relevant documents to victims, thereby promoting ‘transparency and accountabilty. ‘© Additionally, the BNSS introduces a Victim Compensation Scheme under Section 396, aiming to provide financial assistance to victims or their dependents in cases of death or grievous injury. This initiative seeks to allevate the hardships faced by victims and their families © These provisions collectively underscore the BNSS's commitment to safeguarding the rights and wel-being of victims within the criminal justice system, 23. Inquest. Ans) Definition of inquest: ‘An inquest isa formal judicial inquiry conducted to determine the cause and circumstances of a person's death, especialy when the death is sudden, unexplzined, or occurs under suspicious Circumstances. The inquest alms to establish whether the death was due to natural causes, an accident. suicide, or homicide. n the context of the BNSS, the inquest process is designed to ensure transparency and accountability in cases of unexplained deaths. The term "inquest" refers to a judicial inquity conducted to determine the cause of a person's death, particularly in cases of sudden, unexplained, or suspicious deaths. key Provisions Related to Inquest: 1. Section 194 — Inquest Report: This section mandates that the inquest report be sent to the Sub-Dinisional Magistrate (SDM) within 24 hours of its preparation. 2. Section 196 — Inquiry by Magistrate into Cause of Death: This section empowers a Magistrate to hold an inguity into the cause of death, either instead of or in addition to the investigation conducted by the police officer. The Magistrate has the authority to examine the body, summon witnesses, and perform other necessary actions to ascertain the cause of death [Link] bail.Ans) The Bharatiya Nagarik Suraksha Sanhita (ENS), 2023, the provision for anticipatory bail is encapsulated in Section 482, which mirrors the anticipatory ball provisions previously found in Section 438 of the Criminal Procedure Code (CrP), section 482 ~ Anticipatory Bal: This section allows an individual who apprehends arrest for a nor-bailable offense to seek anticipatory bail. The High Court or Sessions Court, upon application, may grant anticipatory ball under appropriate conditions, These conditions can include: ‘© Regular appearance before the investigating officer. Non-interference with the investigation, © Surrender of the passport. The court has the diseretion to impose addtional conditions as deemed necessary to ensure the individuals cooperation with the legal process. Key Aspects of anticipatory Bail under BNSS: 1. Purpose: To prevent undue harassment or detention before arrest. 2. _Eligbility: available to individuals who have not yet been arrested but apprehend arrest on accusations of having committed a non-ballable offense. 3. Procedure: The individual must apply to the High Court or Sessions Court, which will evaluate the application based on factors such as the nature and gravity of the offense, the applicant's antecedents, and the possibilty of the applicant fleeing from justice, [Link] Acquit. Ans) Antrefois acquit is a legal term derived from French, meaning "previously acquitted." It refers to the principle that a person who has been acquitted of an offence cannot be tried again for the same offence. This principle is a vital part of double jeopardy protections in criminal law and ensures that once a person is found not guilty of acrime, they cannot face a subsequent trial for the same act, provided that the acquittal was final and not subject to appeal or review. Principle of antrefois Acquit in BNSS, 2023, Legal Definition: 1. Under the BNSS, the principle of autrefois acquit is similar to its traditional definition in indian criminal law. It means that if a person has been acquitted of an offence, they cannot be tried for that same offence again, except in certain exceptional circumstances (e.g, if new evidence comes to light or if the acquittal was found to be legaly flawed}. Protection against Double Jeopard) 1. Thisconceptis related to the constitutional guarantee against double jeopardy, which is enshrined in Article 20(2) of the indian Constitution 2. Article 20(2) states that no person shall be prosecuted and punished for the sarne offence more than once. This protection extends to both convietions and acquittals,Scope and Application in 8NSS: 1. Acquittal by a Court:if an accusedis acquitted by acompetent court, and the acquittalis not appealed or overtummed by @ higher court, the person cannot be tried again for the same offence in any other court. 2. Exceptions: the only exceptions to this rule may involve scenarios where the acquittal was based on procedural errors or a falure to estabish facts propery. In sore instances, a higher court may direct a rettal or re-investigetion but the accused cannot be tried again for the same offence without significant legal grounds, ‘Appeal and Reviews While an acquittal protects the accused from being retried for the same offence, the prosecution has the right to appeal against an acquittal under the BNSS, much like the provisions in the CrPC. If ahigher court overturns an acquitta, a new tral may be ordered. 26. Types of Bail. Ans) _ inthe Bharatiya Nyaya Sanhita, 2023 (BNS), the provisions related to bail are covered primarily under Section 479 and other related sections. Bail can be categorized into the following types: 1. Regular Bail (Section 479(1)) © Granted under normal circumstances when a person is arrested for e bailable or non-tailable offense, © Inbailable offenses, bail isa right. ‘© In non-bailable offenses, the court has discretion. 2. Anticipatory Bail (Section 482) © Granted when a person anticipates artest in a non-bailable offense. © The court may impose conditions, such as cooperating with the investigation. 2, Interim al (Judicial Discretion, No Specific Section) ¢ Temporary relief granted by the court pending fina decision on regular cr anticipatory bail 4, Defaut Ball (Section 481) ‘© Also knowns statutory bail under CrPC Section 167(2) (now incorporated into BNS). © Granted if the police fail to file a chargesheet within © 60 days (for offenses punishable up to 10 years), © 90 days (for offenses punishable with death, life imprisonment, or imprisonment for more than 10 years}.5, Personal Rand Bail (ludicial Discretion, No Specific Section) © Accusedis released on personal assurance without @ surety. 6, Surety Bail (Under General Bail Provisions) © A third party (surety] provides a guarentee for the accused's appearance in court.