LLB 203, Semester II
Law of Crimes II 2025-2026
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Study Material
Law of Crimes II
Module I
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Classification of Offences
The BNSS categorizes offences to determine the procedure for arrest, bail, and trial.
A. Bailable Offense
• Definition: Under Section 2(c) of the BNSS, a "bailable offence" is an offence shown
as bailable in the First Schedule of the BNSS or strictly made bailable by any other law
for the time being in force.
• Nature: These are generally less serious offences (e.g., simple hurt, defamation).
• Right to Bail: In bailable offences, bail is a matter of right. The police officer or the
court has no discretion to refuse bail if the accused is prepared to furnish the bail bond.
• Procedure: The accused can be released on bail directly from the police station upon
arrest.
B. Non-Bailable Offense
• Definition: Section 2(c) defines a "non-bailable offence" simply as "any other offence"
(i.e., one that is not bailable).
• Nature: These are serious or heinous crimes (e.g., murder, rape, dowry death).
• Discretionary Bail: Bail is not a right; it is a privilege granted at the discretion of the
Court. The court considers factors like the gravity of the crime, the danger of the
accused fleeing, and the possibility of tampering with evidence before granting bail.
C. Cognizable Offense
• Definition: Defined under Section 2(g) of the BNSS, a "cognizable offence" is one
where a police officer may, in accordance with the First Schedule or under any other
law, arrest without a warrant.
• Investigation: The police have the authority to start an investigation suo motu (on their
own) without requiring permission from a Magistrate.
• FIR: A First Information Report (FIR) is mandatorily registered for cognizable offences
under Section 173 BNSS.
LLB 203, Semester II
Law of Crimes II 2025-2026
D. Non-Cognizable Offense
• Definition: Defined under Section 2(o) of the BNSS, this refers to an offence where a
police officer has no authority to arrest without a warrant.
• Investigation: The police cannot investigate a non-cognizable case without the explicit
order of a Magistrate.
• Procedure: Instead of an FIR, the information is recorded in a Non-Cognizable Report
(NCR), and the informant is referred to the Magistrate.
2. Key Procedural Terms
A. Complaint
• Definition: Under Section 2(h), a "complaint" means any allegation made orally or in
writing to a Magistrate, with a view to his taking action under the Sanhita, that some
person (known or unknown) has committed an offence.
• Exclusion: It explicitly does not include a police report. However, if a police report
discloses a non-cognizable offence after investigation, it is deemed a complaint.
• Purpose: A complaint initiates a judicial inquiry rather than a police investigation.
B. Police Report
• Definition: While often referred to as a "Chargesheet" or "Final Report," the BNSS
refers to this as a "Police Report." It is the final report forwarded by a police officer to
a Magistrate under Section 193 BNSS (formerly Section 173 CrPC) after the
completion of an investigation.
• Contents: It details the names of the parties, the nature of the information, the names of
witnesses, whether an offence appears to have been committed, and whether the
accused has been arrested or released on bail.
• Significance: It forms the basis upon which the Magistrate takes cognizance of the
offence and proceeds to trial.
C. Investigation
• Definition: Defined under Section 2(l), "investigation" includes all proceedings under
the Sanhita for the collection of evidence conducted by a police officer or by any person
(other than a Magistrate) authorized by a Magistrate.
• Scope: It begins after the registration of an FIR (or order of a Magistrate) and ends with
the submission of the Police Report.
• Timeline: The BNSS introduces strict timelines for investigations (e.g., specific
deadlines for rape cases) to ensure speedy justice.
D. Charge
LLB 203, Semester II
Law of Crimes II 2025-2026
• Definition: Defined under Section 2(f), "charge" includes any head of charge when the
charge contains more heads than one.
• Elaboration: A charge is a formal accusation made by a Court against the accused. It
informs the accused of the precise nature of the crime they are being tried for.
• Framing of Charge: This is a crucial stage in a trial (specifically in Warrant and Sessions
cases) where the Judge determines if there is enough prima facie evidence to proceed.
If yes, charges are "framed"; if no, the accused is "discharged."
E. Victim
• Definition: Section 2(y) defines a "victim" as a person who has suffered any loss or
injury caused by reason of the act or omission of the accused person.
• Inclusions: The definition expressly includes the guardian or legal heir of the victim.
• Rights under BNSS: The new Sanhita significantly expands victim rights, including:
o The right to be informed of the progress of the investigation within 90 days.
o The right to be heard before the withdrawal of a prosecution case.
o The right to receive a copy of the FIR free of cost.
F. FIR vs. General Diary (GD)
One of the most common confusions in criminal procedure is the distinction between a First
Information Report (FIR) and the General Diary (often called the Station Diary or Daily Diary).
The BNSS clarifies these roles distinctively.
A. First Information Report (FIR)
• Legal Provision: Governed by Section 173 of the BNSS (formerly Section 154 of
CrPC).
• Nature: An FIR is a document prepared by the police when they receive information
about the commission of a Cognizable Offense.
• Function: It is the starting point of the criminal justice process. It sets the investigation
in motion.
• Mandatory Registration: Under the BNSS, if the information discloses a cognizable
offence, the officer in charge is legally bound to register the FIR, irrespective of the
area where the offence was committed (Zero FIR).
• Rights: The informant (the person filing the FIR) has a statutory right to receive a copy
of the FIR free of cost immediately.
B. General Diary (GD)
• Legal Provision: Governed by Section 172 of the BNSS (formerly Section 44 of the
Police Act, 1861 / various State Police Manuals, and indirectly referenced in procedural
laws).
LLB 203, Semester II
Law of Crimes II 2025-2026
• Nature: The General Diary is an internal record (a daily journal) of the police station.
It records everything that happens within the police station during a 24-hour cycle.
• Contents: It details the arrival and departure of police officers, the arrest of persons, the
seizure of property, details of complaints received (both cognizable and non-
cognizable), and updates on investigations.
• Function: It serves as an administrative logbook to keep a chronological record of the
police station's functioning. It prevents police officers from manipulating timelines
(e.g., claiming they were at the station when they were actually elsewhere).
3. Types of Trials (Cases)
The BNSS classifies cases based on the severity of punishment to determine the trial procedure.
A. Summons Case
• Definition: Under Section 2(x), a "summons-case" means a case relating to an offence,
and not being a warrant-case.
• Punishment Threshold: These typically involve offences punishable with imprisonment
of 2 years or less.
• Procedure: The trial procedure is shorter and less formal. There is no formal "framing
of charge" required; the particulars of the offence are simply stated to the accused.
B. Warrant Case
• Definition: Under Section 2(z), a "warrant-case" means a case relating to an offence
punishable with death, imprisonment for life, or imprisonment for a term exceeding two
years.
• Procedure: These trials are more elaborate. A formal charge must be framed in writing.
The accused has greater opportunities to cross-examine witnesses and defend
themselves due to the severity of the potential punishment.
4. Judicial & Prosecution Infrastructure
A. Constitution of Criminal Courts & Sentencing Powers
Section 6 of the BNSS outlines the classes of Criminal Courts. While the High Court stands at
the apex of the state judiciary, the district-level hierarchy is structured as follows:
1. Court of Session
• Presiding Officer: Sessions Judge or Additional Sessions Judge.
• Role: This is the highest criminal court in a Sessions Division (usually a district). It
tries the most heinous offences (e.g., Murder, Rape, Dacoity).
• Sentencing Power:
LLB 203, Semester II
Law of Crimes II 2025-2026
o Imprisonment: Can pass any sentence authorized by law (including Death
Penalty and Life Imprisonment).
o Condition: A sentence of Death passed by a Sessions Judge is subject to
confirmation by the High Court before it can be executed.
2. Chief Judicial Magistrate (CJM)
• Role: In every district, the High Court appoints a Judicial Magistrate of the First Class
to be the Chief Judicial Magistrate. The CJM supervises all other Judicial Magistrates
in the district and assigns work to them.
• Sentencing Power (Section 23 BNSS):
o Imprisonment: Up to 7 years.
o Fine: Any amount (Unlimited by statute, but must not be
excessive/unreasonable).
3. Judicial Magistrate First Class (JMFC)
• Role: Subordinate to the CJM. They handle the bulk of criminal trials (theft, assault,
cheating, etc.).
• Sentencing Power (Section 23 BNSS):
o Imprisonment: Up to 3 years.
o Fine: Up to ₹50,000 (Note: This is a significant increase from the ₹10,000 limit
in the old CrPC).
4. Judicial Magistrate Second Class (JMSC)
• Role: The lowest tier of the judicial hierarchy, generally trying minor statutory
offences.
• Sentencing Power (Section 23 BNSS):
o Imprisonment: Up to 1 year.
o Fine: Up to ₹10,000 (Increased from the ₹5,000 limit in the old CrPC).
5. Executive Magistrates
• Role: Appointed by the State Government (e.g., District Magistrate/DM, Sub-
Divisional Magistrate/SDM).
• Function: They are not trial courts for criminal offences. Their powers are
administrative and preventive, focusing on maintaining law and order (e.g., dispersing
unlawful assemblies, Section 144 orders, requiring bonds for "keeping the peace").
B. Public Prosecutor (PP)
• Appointment: Under Section 18, the Central or State Government appoints Public
Prosecutors for the High Court and Districts.
• Role: The PP represents the State (the "Public") in criminal trials. Since a crime is
considered a wrong against society, the State prosecutes the accused, not the private
victim.
• Qualification: To be appointed as a Public Prosecutor, a person must have been in
practice as an advocate for not less than 7 years.
LLB 203, Semester II
Law of Crimes II 2025-2026
• New Provision: The BNSS introduces the Directorate of Prosecution to oversee the
functioning of PPs, ensuring better coordination.
C. Assistant Public Prosecutor (APP)
• Appointment: Under Section 19 (typically corresponding to old Sec 25 CrPC), the State
Government appoints one or more APPs for conducting prosecutions in the Courts of
Magistrates.
• Role: While PPs handle cases in Sessions Courts and High Courts, APPs handle the
bulk of litigation in the lower Magistrate courts.
• Police Officers as APPs: In exceptional cases where no APP is available, a police
officer (not below the rank of Head Constable and not involved in the investigation of
that specific case) may be appointed as an Assistant Public Prosecutor.