BNSS FINAL NOTES

Q1. Answers the following is not more than 2 sentences:

a. Complaint
Ans. complaint” means any allegation made orally or in writing to a Magistrate, with a view
to his taking action under this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.
b. Admonition
Ans. The central feature of this provision is the issuance of a verbal or written admonition to
the offender by the court. The admonition involves counselling the offender about the
consequences of their actions, the potential for the future criminal consequences, and the
importance of leading a law-abiding life.
d. Summons case & Warrant case –
Ans: As per the definition in BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 the
definition under section 2(x) states "summons-case" means a case relating to an offence, and
not being a warrant-case. Whereas as per section 2(z) "warrant-case" means a case relating to
an offence punishable with death, imprisonment for life or imprisonment for a term
exceeding two years. A “summon” is a legal document that orders a person to appear in court
and respond to a complaint against them. This order is issued by a Magistrate to the accused
individual. Whereas A warrant is an official order that directs a specific person to apprehend a
suspect and bring them to court for legal proceedings. This order can only be executed if
there are valid reasons and it’s issued by a Magistrate.
e. Observation Homes
Ans: An Observation Home is a child-care facility that is “for the temporary reception, care,
and rehabilitation of any kid claimed to violate the law, while an inquiry is pending.” as per
Section 47 of the JJ Act 2015, the State Government shall create and operate Observation
Homes in each district or set of districts, either independently or through voluntary
organizations or non-governmental organizations (NGOs). The JJMR, 2016, Rule 29(1)(i)
states that separate Observation Homes for boys and girls, as well as age-based segregation,
should be implemented, taking into account physical and mental health, as well as the
severity of the offence committed.
c. Inquiry and Investigation.
Ans: The term “Inquiry” is defined in Section 2(k) of the Bhartiya Nagarik Suraksha Sanhita,
2023 as follows:
Inquiry means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate
or Court. The term “Investigation is defined in Section 2(l) of the Bhartiya Nagarik Suraksha
Sanhita, 2023 as follows:
Investigation includes all the proceedings under this Sanhita for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorized by
a Magistrate in this behalf.
f. Juvenile.
Ans: According to the Juvenile Justice (Care and Protection of Children) Act, 2015, a
Juvenile is defined as a person who is below the age of 18 years. Juveniles who are in conflict
with law are given specialized care and protection through a separate juvenile justice system.
g. Police Report.
Ans: The term “Police Report” is defined in Section 2(t) of the Bhartiya Nagarik Suraksha
Sanhita, 2023 as follows: Police Report means a report forwarded by a police officer to a
Magistrate under sub-section (3) of section 193 of BNSS.
h. Victim.
Ans: The term “Victim” is defined in Section 2(y) of the Bhartiya Nagarik Suraksha Sanhita,
2023 as follows:
Victim means a person who has suffered any loss or injury caused by reason of the act or
omission of the accused person and includes the guardian or legal heir of such victim.
i. Corporal Punishment.
Ans: The term “Corporal Punishment” is defined in Section 2(24) of the Juvenile Justice
(Care and Protection of Children) Act, 2015 as follows:
Corporal Punishment means the subjecting of a child by any person to physical punishment
that involves the deliberate infliction on pain as retribution for an offense, or for the purpose
of disciplining or reforming a child.
i. Cognizable and Non- cognizable offence.
Ans: The term “Cognizable Offence” is defined in Section 2(g) of the Bhartiya Nagarik
Suraksha Sanhita, 2023 as follows:
Cognizable offence means an offence for which a police officer may, in accordance with the
First Schedule or under any other law for the time being in force, arrest without warrant.
Under the Bhartiya Nagarik Suraksha Sanhita, 2023, a non-cognizable offense is one where a
police officer is not allowed to arrest without a warrant from a magistrate. The police must
obtain an order under Section 174(2) of BNSS from the magistrate to arrest someone for a
non-cognizable offense.
a. What is the procedure of arrest?
Ans: Section-36 of Bhartiya Nagarik Suraksha Sanhita, 2023: Procedure of arrest and duties
of officer making arrest. Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy
identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a
respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family,
that he has a right to have a relative or a friend or any other person named by him to be
informed of his arrest
b. Who is a Public Prosecutor?
Ans: Section 18 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), deals with Public
Prosecutors. It gives the complete information about the appointment, qualifications, and
duties of individuals who represent the state in criminal proceedings.
According to Section 18:
Appointment: The District Magistrate, in consultation with the Sessions Judge, appoints
Public Prosecutors and Additional Public Prosecutors for the district.
Qualifications: The appointed individuals should be deemed fit to hold the position based on
their legal knowledge, experience, and character.
Duties: Public Prosecutors are responsible for conducting prosecutions on behalf of the state
in criminal cases. They represent the interests of the government and ensure that justice is
served.
Public Prosecutors play a crucial role in the criminal justice system, and their decisions can
have a significant impact on the lives of individuals and communities.
c. What is “plea bargaining”?
Ans: Plea bargaining means where the accused instead defending himself in a criminal
charge, pleads guilty by making voluntary application for plea bargaining in the court in
which the offence is pending for the trial. If such an application is allowed by the court, then
the satisfactory disposition of the case is worked out and the court can dispose of the case by
giving a lesser punishment than the punishment prescribed for an offence under Section 289
of the BNSS.
d. When search warrant may be issued?
Answer: Search warrant may be issued by any Court directing the search of a person or a
place if it has reason to believe that the person to whom summons has been addressed to
produce the document or a thing, would not produce the same under Section 96 of the BNSS.

E) what is adoption?
According to section 56 of Juvenile Justice Act, 2015 adoption is-
1) Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and
surrendered children, as per the provisions of this Act, the rules made thereunder and the
adoption regulations framed by the Authority.
2) Adoption of a child from a relative by another relative, irrespective of their religion, can be
made as per the provisions of this Act and the adoption regulations framed by the Authority.
3) Nothing in this Act shall apply to the adoption of children made under the provisions of the
Hindu Adoption and Maintenance Act, 1956
4)All inter-country adoptions shall be done only as per the provisions of this Act and the
adoption regulations framed by the Authority.
5) Any person, who takes or sends a child to a foreign country or takes part in any
arrangement for transferring the care and custody of a child to another person in a foreign
country without a valid order from the district magistrate, shall be punishable as per the
provisions of section 80.

F. Who is a probation officer?

(1) A probation officer under the Probation of Offenders Act, 1958 shall be—
(a) a person appointed to be a probation officer by the State Government or recognised as
such by the State Government; or
(b) a person provided for this purpose by a society recognised in this behalf by the State
Government; or
(c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a
probation officer in the special circumstances of the case.
(2) A court which passes an order under section 4 or the district magistrate of the district in
which the offender for the time being resides may, at any time, appoint any probation officer
in the place of the person named in the supervision order.
(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the
control of the district magistrate of the district in which the offender for the time being
resides.
g. charge means
Ans. A charge under the Bharatiya Nagarik Suraksha Sanhita [BNSS] is an accusation made
against a person for an alleged offense. The purpose of a charge is to inform the accused of
what they are being tried and why.
h. Which are different types of trial?
Ans. Here are some types of trials under the Bharatiya Nagarik Suraksha Sanhita [BNSS] :
• Session trial: All paperers and proceedings og the case are sent to the district and Session
court for the trial to begin.
• Anticipatory trial: this can only be sought for non-bailable offences. The court can put
conditions on the person, depending on the case.
• Bail for first-time offenders: Section 479 of the BNSS states that first- time offenders can be
released on bail if they have been in jail for one-third of the maximum sentence.
i. Who is called a ‘victim’?
Section 2(y) of the Bharatiya Nagarik Suraksha Sanhita defines "victim" as a person who has
suffered any loss or injury caused by reason of the act or omission of the accused person and
includes the guardian or legal heir of such victim.
j. Distinguish between ‘Inquiry’ and ‘Trial’.
‘inquiry’ means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate
or Court. It is conducted to determine if a case should go to trial or not, a ‘trial’ is a judicial
proceeding where the accused is charged and called on to answer and then the Court has to
decide if the accused is guilty or not.

a) Which are different types of trial?

Ans. - The types of trials are session’s trial, warrant trial, summons trial and summary trials.
b) What is the effect of withdrawal from a prosecution?
Ans. - As per Section 360 of the Bharatiya Nagarik Suraksha Sanhita 2023, the Public
Prosecutor or the Assistant Public Prosecutor can withdraw from a case with the consent of
the court before the judgment, leading to discharge or acquittal of the accused. The cases
which involve Central laws, requires Central Government’s approval to withdraw, and the
court must provide the victim with an opportunity to be heard, before granting the approval
for the withdrawal.
c) Who has jurisdiction in cases of Juveniles?
Ans. - The jurisdiction over juvenile matters is maintained by the Juvenile Justice Board
for juveniles in conflict with the law and the Children's Court for children in need of care and
protection.
d) Who can give bail in bailable offence?
Ans. - Bail in bailable offenses can be granted by a police officer or a Magistrate.
e) Metropolitan area.
Ans. - The term "metropolitan area" has been deleted from the Bharatiya Nagarik Suraksha
Sanhita 2023, but under section 8 of the Code of Criminal Procedure, “metropolitan area” is
as follows- The State Government can declare any city or town with a population over one
million as a metropolitan area and may also adjust its boundaries, ensuring the population
does not fall below one million. If the population falls below one million, the area ceases to
be metropolitan, but ongoing legal proceedings will continue under the same code.
f) Commencement of Period of limitation?
Ans: The period of limitation, in relation to an offence, shall commence -
a) On the date of the offence, or
b) Where the commission of the offence was not known to the person aggrieved by the
offence or to any police officer, the first day on which such offence comes to the knowledge
of such person or to any police officer, whichever is earlier, or
c) Where it is known by whom the offence was committed, the first day on which the identity
of the offender is known to the person aggrieved by the offence or to the police officer
making investigation into the offence, whichever is earlier, or
d) In computing the said period, the day from which such period is to be computed shall be
excluded.

g) Define conviction and acquittal?

Ans: By conviction, at common law was meant a verdict or plea of guilt followed by a
judgment awarding punishment for the offence duly entered in record. Conviction mean that
the person has been convicted finally. In acquittal, (i) there is a prima facie case made out
against the accused, (ii) An accused who is acquitted cannot be put on his trial again of the
offence of which he has been acquitted. (iii) An order of acquittal is in the nature of
judgement.
h) Oral Complaint under BNSS means?
Ans: Section. 2 (h) define “Complaint” means any allegation made orally or in writing to
Magistrate, with a view to his taking action under this Sanhita, that some person, whether
known or unknown, has committed an offence, but does not include a police report.
i) Charge means?
Ans: A charge is a formal accusation made by a court or magistrate based on a complaint or
information against the accused. A magistrate frames a charge in writing if they believe there
is enough evidence to presume that the accused committed an offense. The charge is then
read and explained to the accused, who is asked to plead guilty or claim a trial.
j) Define children Home?
Ans: “Children Home” means an institution establish by a State Government or by voluntary
organization and certified that government under Section 2 (e) of the Juvenile Justice Act,
2000 deals with the standards and nature of services to be maintained by after- care
organization for children. It also covers other matters that may be necessary for the after- care
program.

1. Who is called a ‘Victim’?

Ans: Under Section 2(1)(y) "victim" means a person who has suffered any loss or injury
caused by reason of the act or omission of the accused person and includes the guardian or
legal heir of such victim.

2. In which case can a police officer arrest without warrant?

Ans: A Police Officer can arrest a person without a warrant and without an order from the
Magistrate with respect to the following:
(a) any person who commits, in the presence of a police officer, a cognizable offense
(b) a person against whom a reasonable complaint has been made or credible information has
been received, or a reasonable suspicion exists, that has committed a cognizable offense
punishable with imprisonment for a term which may be less than seven years or which may
extend to seven years, with or without fine.

3. What is meant by Charge?

Ans: "Charge" includes any head of charge when the charge contains more heads than one.
(a) According to Section 234 of the BNSS, every charge must state the offense with which the
accused is charged. The formulation varies based on whether the offense has a specific name
according to the law or not.
(b) The charge should be written in the language of the court and must include details such as
the law, section, time, and place of the alleged offense.

4. Define inquiry?
Ans: Under Section 2(1)(k) of the Bhartiya Nagarik Suraksha Sanhita "inquiry" means every
inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court.
This process aims to gather evidence, establish facts, and determine whether there is
sufficient basis for further legal action, such as filing charges or proceeding to trial.
5. Who is an accomplice?
a. An accomplice is a person who is involved in a crime, either directly or indirectly and can
be categorized as a principal or an accessory. An accomplice can also be a witness to a crime,
but their testimony is not considered reliable evidence for a conviction.
b. However, an accomplice can become a competent witness and be examined on oath if they
accept a pardon. Thereafter, he becomes a competent witness and may as any other witness
be examined under an oath.

6. What punishment can a Chief Judicial Magistrate give?

A Chief Judicial Magistrate can give punishment as a sentence authorized by the law, except
for the following:
(a) sentence of death, or
(b) imprisonment for life, or
(c) imprisonment for a term exceeding seven years.

7. Define FIR?
Ans: First Information Report (FIR) can be lodged in accordance with Section 173 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
(a) FIR is a written document prepared by the police upon receiving information about a
cognizable offence, marking the initiation of an investigation.
(b) Purpose includes reducing oral information into writing, having it signed by the
complainant, maintaining a record of cognizable offences, initiating investigation, and
informing the Magistrate promptly about the recording of FIR through an occurrence report.

8. What is a Summary Trial?

Ans: A Summary Trial is structured to provide a brief and expedited trial process for Petty
offences. These trials apply to cases where the maximum penalty is up to three years of
imprisonment or those deemed to be of a summary nature by law. The Procedure for a
Summary Trial is given from Sec. 283 to 288 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS).

9. Plea Bargaining.
Ans: It is a legal process under which an accused/defendant in a criminal case pleads guilty to
a lesser offence in exchange for a lesser sentence and certain concessions from the Court.
Provisions mentioned under sec 289-300 describe the process of plea bargaining. It is not
allowed for the offences punishable with a death penalty, life imprisonment, or imprisonment
term exceeding seven years.

10. Define Police Report.

Ans: A Police report is a report that a police officer files with the magistrate after completing
an investigation under sub-section (1) of sec 193 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS). The definition of ‘police report’ is given under section 2(t).

a. What is the meaning of compoundable offences?

Ans: Compoundable offences are the offences which are discussed in section 359 of the
Bhartiya Nagarik Suraksha Sahita These are such offences in which the aggrieved person
decides to dismiss the allegations against the accused. These settlements, however, ought to
be ‘in utmost good faith’ and should not be made for any compensation for which the plaintiff
is not eligible. Compromise of a compoundable crime can be undertaken with the consent of
the court or without consent. Hurt, wrongful restraint, assault, molestation, fraud, adultery,
and other similar crimes are compoundable offences.
b. Define cognizable offense.
Ans: ‘Cognizable offence’ defined under sec 2 [g] of Bhartiya Nagarik Suraksha Sahita
means an offence for which, and ‘cognizable case’ means a case in which, a police officer
may, in accordance with the first schedule or under any other law for the time being in force,
arrest without warrant. Punishments for cognizable offenses are usually more than three
years, and may include life imprisonment or the death penalty.
c. Define observation home.
Ans: Observation Home is an institution, where neglected and delinquent juveniles are kept
for a few weeks or pending decision of the cases. Children are brought by the police or
probation officers or parents voluntarily admit them. During their stay in the institutions, all
services are provided including food, clothing and shelter. In the institution, children may be
disposed off, either by committing them to a Juvenile Home for long term treatment or may
be handed over to their parents based on the nature of the case. In Observation Home,
Juvenile Justice Board decides juveniles’ cases and handover to the parents on conditions of
attending to Juvenile Justice Board sittings.
d. What is the meaning of investigation?
Ans: According to Section 2 (l) "investigation" includes all the proceedings under this
Sanhita for the collection of evidence conducted by a police officer or by any person (other
than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation- Where any
of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the
provisions of the special Act shall prevail.
e. Define inquiry.
Ans: 135. (1) When an order under section 130 has been read or explained under section 131
to a person present in Court, or when any person appears or is brought before a Magistrate in
compliance with, or in execution of, a summons or warrant, issued under section 132, the
Magistrate shall proceed to inquire into the truth of the information upon which action has
been taken, and to take such further evidence as may appear necessary.
f. Who is accomplice?
Ans: An accomplice is someone who knowingly and voluntarily helps or assists another
person in committing a crime. An accomplice is considered equally guilty and are criminally
liable to the same extent as the principal. He is a ‘particeps criminis’, which means ‘one who
takes part in a crime’
g. Define police report?
Ans: 176. (1) If, from information received or otherwise, an officer in charge of a police
station has reason to suspect the commission of an offence which he is empowered under 25
section 175 to investigate, he shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence upon a police report and shall proceed in
person, or shall depute one of his subordinate officers not being below such rank as the State
Government may, by general or special order, prescribe in this behalf, to proceed, to the spot,
to investigate the facts and circumstances of the case, and, if necessary, to take measures for
the discovery and arrest of the offender
h. Who is called a ‘Victim’?
Ans: "victim" means a person who has suffered any loss or injury caused by reason of the act
or omission for which the accused person has been charged and includes the guardian or legal
heir of such victim.
i. What is a summary trial?
Ans: Summary trials, governed by Sections 283 to 288 of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), are designed for swift trials of offences with punishments up to three years.
They focus on delivering justice quickly while ensuring principles of natural justice and fair
trial. Only offences of lesser gravity are tried summarily, while more serious cases go through
regular trials. Appeals in summary trials are limited to points of law, expediting the appellate
process. This reduces delays in the disposal of cases.
j. What do you mean by adoption?
Ans: Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and
surrendered children, as per the provisions of this Act, the rules made thereunder and the
adoption regulations framed by the Authority. Adoption under the Juvenile Justice Act is a
legal process that plays a pivotal role in ensuring the well-being and future of orphaned,
abandoned or surrendered children in India. It upholds their right to a loving family and
provides prospective adoptive parents with the opportunity to provide a nurturing home.

Q.2) Write short notes on the following:

(a) Inquest
Ans: The provisions regarding Inquest are set out in Section 194 of the Bhartiya Nagarik
Suraksha Sanhita, 2023. The section states as follows:
(1) When the officer in charge of a police station receives information that a person has
committed suicide, or has been killed by another or by an animal or by machinery or by an
accident, or has died under circumstances raising a reasonable suspicion that some other
person has committed an offence, he shall immediately give intimation thereof to the nearest
Executive Magistrate empowered to hold inquests, and shall proceed to the place where the
body of such deceased person is, and in the presence of two or more respectable inhabitants
of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause
of death.
(2) The report shall be signed by such police officer and other persons and shall be forwarded
to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.
(3) When— (a) the case involves suicide by a woman within seven years of her marriage; or
(b) the case relates to the death of a woman within seven years of her marriage in any
circumstances raising a reasonable suspicion that some other person committed an offence in
relation to such woman; or (c) the case relates to the death of a woman within seven years of
her marriage and any relative of the woman has made a request in this behalf; or (d) there is
any doubt regarding the cause of death; or (e) the police officer for any other reason considers
it expedient so to do, he shall forward the body, with a view to it being examined, to the
nearest Civil Surgeon.
(4) The following Magistrates are empowered to hold inquests, namely, any District
Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially
empowered in this behalf by the State Government or the District Magistrate.

(b) Maintenance of Wife, Children and Parents.

Ans: The provisions regarding maintenance of wife, children and parents are set out in
Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023. The section states as follows:
(1) If any person having sufficient means neglects or refuses to maintain-
(a) His wife, who is unable to maintain herself; or
(b) His legitimate or illegitimate child, whether married or not, who is unable to maintain
itself; or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is unable to maintain itself by reason of any physical or mental
abnormality or injury; or
(d) His father or mother who is unable to maintain himself or herself –
The Magistrate of the first class may, upon proof of such neglect or refusal, order such person
to make a monthly allowance for the maintenance of his wife or such child, father or mother,
at such monthly rate as such Magistrate thinks fit.
It is provided that the Magistrate may order the father of a female child mentioned in clause
(b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that if
such female child is married and the husband of such female child is not possessed of
sufficient means to provide for her.
Further, it is provided further that the Magistrate may, during the pendency of the proceeding
regarding monthly allowance, order such person to make a monthly allowance for the interim
maintenance of his wife or such child, father or mother, and the expenses of such proceeding
which the Magistrate considers reasonable.
It is also provided that an application for the monthly allowance for the interim maintenance
and expenses of such proceeding shall, as far as possible, be disposed of within 60 days from
the date of the service of notice of the application to such person.
(2) If any person so ordered, fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order for the whole or any part of each month's
allowance for the maintenance or the interim maintenance and expenses of such proceeding
remaining unpaid, as the case may be, issue a warrant and after the execution of the warrant,
may sentence such person, to imprisonment for a term which may extend to one month or
until payment if sooner made.
It is provided that no warrant shall be issued for the recovery of any amount due under this
section unless application is made to the Court within a period of one year from the date on
which it became due.
It is further provided that if such person offers to maintain his wife on the condition that she
shall be living with him, and she refuses to live with him, such Magistrate may consider any
grounds of refusal stated by her, and may make an order under this section notwithstanding
such offer, if he is satisfied that there is just ground for so doing.
(3) No wife shall be entitled to receive an allowance for maintenance or interim maintenance
and expenses of such proceeding from her husband under this section if she is living in
adultery, or that she refuses to live with her husband without sufficient cause, or if they are
living separately by mutual consent.
(4) On obtaining proof that the wife in whose favour an order has been made under this
section, is living in adultery, or that she refuses to live with her husband without sufficient
cause, or that they are living separately by mutual consent, the Magistrate shall cancel the
order.

(c) Accomplice
Ans: Section 343 - Tender of Pardon to Accomplice (BNSS)
Section 343 of the *Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the tender
of pardon to an accomplice with the goal of obtaining crucial evidence. This provision is
designed to encourage individuals who are involved in or have knowledge of an offense to
come forward and assist in the investigation and trial, often by testifying against other
accused persons. The key points of this section include:
1. Granting of Pardon: The Chief Judicial Magistrate (CJM) or a Magistrate of the first class
may, at any stage of investigation, inquiry, or trial, offer a pardon to a person who has been
involved in the offense, provided the person makes a full and truthful disclosure of all the
facts related to the crime and others involved, whether as principals or abettors.
2. Applicability: This section applies to offenses that are triable exclusively by the Court of
Session or by a Special Judge, as well as offenses punishable with imprisonment of up to
seven years or more severe sentences.
3. Conditions and Recording: The Magistrate must record the reasons for tendering the
pardon, and whether the person accepted the offer. A copy of this record must be provided to
the accused free of cost upon request.
4. Examination as a Witness: The accomplice who accepts the pardon must be examined as a
witness both during the investigation and in subsequent trial proceedings. If not on bail, the
accomplice is kept in custody until the trial concludes.
5. Post-Acceptance of Pardon: Once an accomplice accepts a pardon and is examined, the
Magistrate must commit the case for trial to the appropriate court—either the Court of
Session, Special Judge, or Chief Judicial Magistrate, depending on the nature of the offense.
This section aims to facilitate cooperation from accomplices, offering them protection in
exchange for valuable evidence, thereby aiding the prosecution in securing convictions in
serious cases.

d. Anticipatory Bail
Section 482 - Direction for grant of bail to person apprehending arrest
“Bail” as defined under section 2(1)(b) means release of a person accused of or suspected of
commission of an offence from the custody of law upon certain conditions imposed by an
officer or Court on execution by such person of a bond or a bail bond;
Anticipatory Bail is a provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
that allows an individual to seek bail in anticipation of being arrested for a non-bailable
offense. It protects individuals from unnecessary arrests. Earlier this provision was governed
by Section 438 of the Code of Criminal Procedure, 1973 which was replaced by the current
provision Section 482 of the BNSS, 2023. Anticipatory bail refers to a direction issued by the
court that allows a person to be released on bail in the event of their arrest. The purpose of
this provision is to ensure that no individual is deprived of their liberty without just cause. It
aims to protect individuals from false accusations, arbitrary arrests, and harassment while
maintaining the balance between individual liberty and the state's power to enforce the law.
Application for anticipatory bail:
Under section 482(1) any person who has reason to believe they may be arrested for a non-
bailable offense can apply to the High Court or Court of Sessions for anticipatory bail and
that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on
bail.
Conditions for granting anticipatory bail:
Where the High Court or the Court of Sessions has made any direction under section 482(1),
it may impose certain conditions under section 482(2) in the light of the facts of the particular
case, as it may think fit. Such conditions include -
(i) That the person shall make himself available for interrogation by a police officer as and
when required;
(ii) That the person shall not, directly or indirectly, make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer
(iii)That the person shall not leave India without the previous permission of the Court;
(iv) Such other condition as may be imposed under sub-section (3) of section 480, as if the
bail were granted under that section.
Arrest after Anticipatory Bail:
Section 482(3) states that when a person who has been granted anticipatory bail, gets arrested
without a warrant by a police officer in charge of a police station based on accusation, offers
bail at the time of arrest or while in custody, they must be released on bail. If a Magistrate
later decides a warrant is needed, they must issue a bailable warrant in accordance with the
court's guidelines under sub-section 1.
Exceptions for Anticipatory bail:
Section 482(4) specifies that anticipatory bail cannot be granted for offenses under Section 65
and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS):
● Section 65 - Rape on woman under 16 years of age and under 12 years of age.
● Section 70(2) - Gang rape of a woman under 18 years of age.
This means that any person arrested on accusations of committing an offense under Sections
65 and 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) cannot be granted anticipatory
bail. This is because the nature of the crime alleged is so heinous that granting anticipatory
bail would be unjustifiable under any circumstances.

e. Child in need of care and protection.

Ans: According to Section 2(13) “Child in conflict with law” means a child who is alleged or
found to have committed an offence and who has not completed eighteen years of age on the
date of commission of such offence.
Section 2(14) provides for an extensive definition of “Child in need of care and protection”
(CNCP). To summarize the extensive definition, it means that "child in need of care and
protection" as one who is homeless, abused, exploited, neglected, trafficked, or without
proper parental care due to incapacity or abandonment, or affected by disasters, substance
abuse, forced labour, or child marriage.
The key difference between both the terms is that a "child in need of care and protection"
refers to a vulnerable child facing neglect, abuse, exploitation, or lacking proper
guardianship. A "child in conflict with law" refers to a child below 18 years accused or found
guilty of committing an offense.
Key provisions for care and protection of children:
1. Child Welfare Committee (CWC): Under the Act, Chapter V (Section 27 to Section 30)
deals with establishment of Child Welfare Committees (CWCs, their powers and functions
etc. CWCs are established in each district to deal with matters related to Child in need of
Care and Protection. CWCs are the primary bodies responsible for identifying and ensuring
the care, protection, treatment, and rehabilitation of children in need. The Committee has the
authority to place children in need of care and protection into temporary or permanent
shelters, based on their assessment of the child’s condition. The committee conducts enquiries
if the child is in need of such care and protection. It makes decisions regarding the placement
of the child in child care institutions, foster care, or with fit persons. The committee works
closely with government and non-governmental organizations to ensure that the child's basic
needs for food, shelter, health, and education are met.

2. Child Care Institutions (CCIs): Section 2(21) defines Child Care Institutions as including
children's homes and open shelters, were children in need of care and protection can be
placed. These institutions are meant to provide a nurturing environment and ensure the
physical and emotional well-being of children. CCIs are expected to provide for the overall
development of the child, including education, healthcare, and mental health support. Section
41 of the Act mandates the registration of CCI and section 42 provides for penalty for non-
registration.

3. Rehabilitation and Social Reintegration services in institutions registered under this Act:
The Chapter VII emphasizes on rehabilitation and social reintegration of Child in need of
Care and Protection through institutional and non-institutional care. Under section 53
Children placed in institutional care are encouraged to develop life skills and receive
vocational training to ensure their smooth reintegration into society. Efforts are made to trace
and restore children to their families whenever possible.

4. Counselling and Mental Health Support: The section 53 of the Act also mandates that
children in need of care and protection receive counselling and mental health services to help
them overcome trauma, abuse, and other emotional challenges. Qualified professionals are
required to assess the mental health needs of such children and provide appropriate
interventions.

a) Confession before Magistrate

Ans: Section 183 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter mentioned as
“BNSS”) deals with the powers available to a Judicial Magistrate or Metropolitan Magistrate
with respect to the recording of confessions and statements.
The object of Section 183 of BNSS is to provide a method of securing a reliable record of
statements or confessions made during the course of the Police investigation, which could be
used, if necessary, during the enquiry or trial. Under section 25 of the Indian Evidence Act, a
confession to a Police officer is inadmissible in evidence, and hence when an accused person
confesses during the Police investigation the Police frequently get it record by a Magistrate
under section 183 of BNSS, and it can then be used to the extent to which it may be
admissible under the Indian Evidence Act.
Confession before magistrate
As per Section 183(1) of BNSS, any District Magistrate may, whether or not he has
jurisdiction in the case, record any confession or statement made to him in the course of an
investigation under this Chapter or under any other law for the time being in force, or at any
time afterwards but before the commencement of the inquiry or trial
Provided that any confession or statement made under this sub-section may also be recorded
by audio-video electronic means in the presence of the advocate of the person accused of an
offence.
As per Section 183(2) of BNSS, the Magistrate shall, before recording any such confession,
explain to the person making it that he is not bound to make a confession and that, if he does
so, it may be used as evidence against him; and the Magistrate shall not record any such
confession unless he has reason to believe that it is being made voluntarily.
As per Section 183(3) of BNSS, any such confession shall be recorded and shall be signed by
the person making the confession; and the Magistrate shall make a memorandum at the foot
of such record to the following effect.
Format of memorandum
"I have explained to (name) that he is not bound to make a confession and that, if he does so
it may be used as evidence against him and I believe that this confession was voluntarily
made. It was taken in my presence and hearing, and was read over to the person making it
and admitted by him to be correct, and it contains a full and true account of the statement
made by him.
(Signed) A. B. Magistrate.".

b) Reference
Ans: Section 436 allows the matter to be referred to the High Court if it concerns any
question related to any of the Acts, Regulations, Ordinances, or Statutes required to determine
and dispose of a case.
A reference is defined in sections 436 of the BNSS. Section 436 defines a connection as
where the matter is before the trial court and involves a problem that is relevant for the
resolution of a criminal prosecution, such as the legitimacy of a Law, Order, or Act or the
requirements of a Law, Ordinance, or any Act. Such an Act, regulation, or order may be
invalid or unconstitutional, but it has not been declared so by a higher court, such as the
Supreme Court or the High Court.
Reference to high court
Where a Court is satisfied that a case pending before it involves a question as to the validity
of any Act, Ordinance, or Regulation, or of any provision contained in an Act, Ordinance, or
Regulation, the determination of which is required for the disposition of the case, and is of
the opinion that such Act, Ordinance, Regulation, or provision is invalid or inoperative, but
has not been so declared by the High Court to which that Court is subordinate, or by the
Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore,
and refer the same for the decision of the High Court.

A Court of Session or a Metropolitan Magistrate may, in any case pending before it or him to
which the provisions of Sub-Section (1) do not apply, submit any point of law arising in the
hearing of such case to the High Court for decision.
Any Court making a reference to the High Court under Subsection (1) or (2) may, pending
the High Court's decision, either commit the accused to jail or free him on bail to attend when
asked.
Calling for records to exercise powers of revision:
For the purposes of this subsection and Section 398, the Sessions Judge must always be
regarded as superior to all Magistrates, whether Executive or Judicial, or whether exercising
original or appellate authority.
The revisionary authority given by subsection (1) is not applicable to any interlocutory orders
made during any appeal, investigation, trial, or another proceeding.
After submitting an application under this section to either the High Court or the Sessions
Judge, the same individual may not submit another application to any one of them.

c) Bailable and Non-bailable offence

In India, offences are classified into two categories:
i. Bailable offences
ii. Non-bailable offences.
Bailable Offences
Bailable offences are relatively less serious offences and are punishable with imprisonment
for a term of less than three years or with a fine only. Some examples of bailable offences are
theft, causing hurt, mischief, defamation, and simple assault. Section 479 of BNSS lays down
the provisions for bail in bailable offences, which states that an accused person arrested or
detained for a bailable offence shall be released on bail if he or she furnishes a bail bond with
or without sureties.
However, in certain cases, the court may deny bail even in bailable offences. For instance, if
the accused has a prior history of committing similar offences, the court may deny bail, as he
or she may be likely to commit the offence again.
Bailable offences are those offences where bail is a matter of right. However, the person may
still be required to furnish bail bonds to ensure his presence at the trial.
Non-Bailable Offences
Non-bailable offences, as the name suggests, are those offences where bail is not a matter of
right. In such cases, the accused has to approach the court for bail and is required to furnish
reasons and provide sureties before the court considers the bail application.
Non-bailable offences are more serious in nature and are punishable with imprisonment for
three years or more. Some examples of non-bailable offences are murder, rape, dacoity, and
kidnapping. Section 479 of BNSS lays down the provisions for bail in non-bailable offences,
which states that an accused person arrested or detained for a non-bailable offence shall not
be released on bail unless the court is satisfied that there are reasonable grounds for granting
bail.
However, the court may deny bail even if the offence is bailable if the accused has a history
of committing similar offences, or if there is a chance that the accused may tamper with the
evidence, intimidate witnesses, or flee from the jurisdiction of the court.

d) First Information Report

Ans: First Information Report (FIR) is a written document prepared by the police when they
receive information about the commission of a cognizable offence. It is a report of
information that reaches the police first in point of time and that is why it is called the First
Information Report.
An FIR serves as the initial report made to the police regarding the commission of a
cognizable offence. It typically contains crucial information such as the details of the
incident, including the time, location, and nature of the offence; descriptions of the accused
and any witnesses; and any relevant evidence gathered at the scene.
It is generally a complaint lodged with the police by the victim of a cognizable offence or by
someone on his/her behalf. Anyone can report the commission of a cognizable offence either
orally or in writing.
Definition of First Information Report
The term FIR is not defined in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik
Suraksha Sanhita (BNSS) or in any other law.
However, despite the absence of a formal definition, the BNSS 2023 provides several
provisions that indirectly shed light on the significance and role of an FIR. For instance,
Section 154 of the Sanhita mandates police officers to record information related to
cognizable offences reported to them, which essentially forms the basis of an FIR.

Important elements of FIR

There are three important elements of an FIR:
i. The information must relate to the commission of a cognizable offence,
ii. It should be given in writing or orally to the head of the police station,
iii. It must be written down and signed by the informant, and its key points should be
recorded in a daily diary.
Purpose and significance of FIRs in the criminal justice system
The first information report is about the ignition of the criminal justice system. The purpose
of registering an FIR is to set the machinery of criminal investigation into motion, which
culminates with the filing of the police report. Only after registration of the FIR, the
beginning of the investigation in a case, the collection of evidence during investigation and
the formation of the final opinion are the steps that result in the filing of a report under
Section-193, BNSS.
Mandatory registration
If a police officer refuses to record the FIR of the complainant, then he may send the
substance of such information, in writing and by post, to the Superintendent of Police, if
satisfied that such information discloses the commission of a cognizable offence, the
superintendent of police can either investigate the case himself or direct an investigation to be
made by any police officer subordinate to him.
Section 173(4) of the BNSS explicitly allows for the option to file an application with the
magistrate under Section 175(3) of the BNSS if the FIR is not registered despite the
Superintendent of Police’s intervention.
E-FIR
The BNSS also introduces provisions for electronic FIR (E-FIR), allowing FIR registration
through electronic means.
This provision serves as a significant relief for victims, especially women, by expediting the
registration process and preventing them from reliving traumatic experiences while reporting
crimes.
The BNSS now includes a provision for lodging information electronically (e-FIR) under
Section 173(1), requiring the informant’s signature to be obtained within three days prior to
the official recording of the e-FIR.
Zero FIR
When a police station receives a complaint regarding an alleged offence that has been
committed in the jurisdiction of another police station, it registers an FIR, and then transfers
it to the concerned police station for further investigation. This is called a Zero FIR.
No regular FIR number is given. After receiving the Zero FIR, the concerned police station
registers a fresh FIR and starts the investigation.

e) Plea Bargaining
Ans: Plea bargaining is a legal process in criminal law where the accused agrees to plead
guilty to a lesser charge or accept a reduced sentence in exchange for concessions from the
prosecutor or the court. This system allows for the resolution of cases without a full trial,
aiming to expedite judicial processes and reduce the burden on courts.
Under Section 289 of the BNSS, 2023, plea bargaining becomes permissible once a charge
sheet has been filed under Section 193 BNSS or after a Magistrate has taken cognizance of an
offense. Section 289 further clarifies that plea bargaining is not applicable in cases where the
accused faces offenses punishable by death, life imprisonment, or imprisonment for more
than seven years. Additionally, it is excluded in cases that affect the socio-economic
conditions of the country or involve crimes committed against women or children under the
age of 14.
Timeframe for Filing a Plea-Bargaining Application: The accused must submit the
application within thirty days of the charges being framed by the court. Once the application
is submitted, the court grants a maximum of sixty days for the prosecution or complainant
and the accused to negotiate a mutually satisfactory resolution to the case.
Applicability of Plea Bargaining
Plea bargaining applies under the following conditions:
• When the police have forwarded a report under Section 193 of BNSS indicating that
an offense has been committed.
• When a Magistrate has taken cognizance of the offense on a complaint and issued
process under Section 227 of BNSS after examining the complainant and witnesses under
Section 223 of BNSS.
However, plea bargaining cannot be invoked in cases involving:
• Offenses punishable with death, life imprisonment, or imprisonment for more than
seven years.
• Offenses against women, such as stalking or rape.
• Offenses against children under the age of 14.
• Offenses affecting the socio-economic condition of the country, such as food
adulteration or money laundering.
Application Process: To initiate the plea-bargaining process, the accused must file an
application within thirty days from the date of framing of charges. The application should
provide a brief description of the case and must be accompanied by an affidavit stating that
the accused has voluntarily opted for plea bargaining, is aware of the consequences, and has
not previously been convicted for the same offense.
Upon receiving the application, the court issues notices to the Public Prosecutor or
complainant and the accused. The court also examines the accused in camera to ensure that
the plea is made voluntarily and without coercion. If the court is satisfied, it provides up to
sixty days for the parties to negotiate a mutually satisfactory disposition. This may include
compensation for the victim. If the court finds the application was not voluntary or that the
accused does not meet the requirements, it proceeds with the trial.
Examples of Plea Bargaining
Reduction of Charges: A defendant may plead guilty to a less serious offense in exchange for
a reduced sentence. For example, an individual charged with aggravated assault might plead
guilty to simple assault and receive a lighter punishment.
Dismissal of Charges: In some cases, a defendant may plead guilty to a lesser offense or
agree to a reduced sentence in exchange for the dismissal of other charges. For instance, a
defendant facing multiple counts of theft might plead guilty to one count and have the others
dismissed.
Recommendation for a Specific Sentence: The prosecution may suggest a specific sentence if
the defendant pleads guilty. For example, in an embezzlement case, the defendant may plead
guilty and be granted probation, provided they make full restitution.

f. Confession before Magistrate

Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the process
for recording confessions and statements before a Magistrate, ensuring that such confessions
are made voluntarily and with full awareness of their legal consequences.
1. Authority of the Magistrate to Record Confessions
Section 183 empowers any Magistrate within the district, where an offense has been
registered, to record confessions or statements made by an accused, regardless of whether the
Magistrate has jurisdiction over the case. The confession or statement must be recorded
before the commencement of the inquiry or trial, ensuring that it is done during the
investigation stage.
2. Voluntary Nature of Confessions
One of the key aspects of Section 183 is the emphasis on the voluntary nature of confessions.
The Magistrate is required to inform the accused that they are not obligated to confess, and
any confession made may be used as evidence against them. The Magistrate must be satisfied
that the confession is being made voluntarily, without coercion or influence. This safeguard
ensures that the accused's rights are protected, preventing forced confessions, which are
unreliable and inadmissible in a fair trial.
3. Audio-Video Recording and Legal Representation
The section introduces modern methods such as the option for confessions to be recorded via
audio-video means, ensuring accuracy and transparency. Moreover, the accused is entitled to
have their advocate present during the confession, which further reinforces the protection
against undue influence.
4. Process of Recording Confessions
The Magistrate must follow the procedure specified under Section 316 for recording the
confession, ensuring a standardized approach. After recording, the Magistrate must sign the
document and include a memorandum affirming that the confession was made voluntarily.
The document must be in the Magistrate’s presence and must be read over to the accused to
confirm accuracy, ensuring that no misunderstanding or misinterpretation occurs.
5. Protection Against Custodial Confessions
Section 183 explicitly prohibits police officers, even those with magisterial powers, from
recording confessions. This prevents the possibility of confessions obtained under duress or
custodial pressure, which are often unreliable and violate the principle of voluntary
admission. By limiting the authority to judicial officers, the BNSS ensures that confessions
are made in a neutral and non-coercive environment.
6. Legal Implications and Evidentiary Value
Confessions recorded under Section 183 carry significant evidentiary value as they are made
voluntarily and before a Magistrate. These confessions, if properly recorded, can be used as
substantial evidence against the accused in subsequent trials. However, the section also
provides for the accused to withdraw from making a confession before it is recorded, which
ensures that their rights are fully protected until the very last moment of the process.
In conclusion, Section 183 of the BNSS ensures that confessions and statements made during
investigations are handled with the highest degree of care, transparency, and legality. It
prevents undue coercion, mandates the presence of legal counsel, and incorporates modern
technological tools to ensure the fairness and reliability of the judicial process.

(g) Statements before police.

Ans: Section 180 Of Bharatiya Nagarik Suraksha Sanhita,2023(BNSS)says that-
(1) any police officer who is making the investigation can orally examine such persons
believed to have knowledge of the facts and circumstances of the case.
(2) Further, this section says that person is bound to answer all the questions truly. The person
can excuse himself from answering such questions which have a tendency to put them into a
criminal charge or a penalty or forfeiture.
(3) The police officer can record the statement of such persons into writing and he should
make a separate record of each of such persons. The proviso of this section says that, such
statements can be recorded even by audio–video means. The proviso further states that, the
woman police officer or the woman officer will record the statement of such woman against
whom the offense is alleged to have been committed

So therefore, this section of BNSS provides a clear procedure for the examination of
witnesses which will help in streamlining the examination procedure. It will help in creating a
strong case against the accused as the section provides a structured method to gather the
information.
Section 181 of BNSS talks about Statements to police and use
it says - Statements given by persons to police officer during the course of an investigation
and if the statements are reduced in writing, then such statements shall not be signed by the
persons who gave it. Also, such statements shall not to be used for any purpose. But if such
statements are duly proved then can be used - By the defence for contradicting prosecutions
witness or can be used in re-examination of such witness.