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BHARATIYA NAGARIK SURAKSHA SANHITA (PART 1) (Bharat Law) Dr. Reena Kansal

  • ISBN : 9789348080400
  • Publisher : Bharat Law House Pvt. Ltd
  • No. of Pages : 496
  • M.R.P : Rs. 795/-
  • Price : Rs.595 /-
  • Price Inclusive of Delivery Charges

BHARATIYA NAGARIK SURAKSHA SANHITA (PART 1) book by Dr. Reena Kansal for Bharat Law


Contents

Bharat? 5
Preface7
Acknowledgment8

Bharatiya Nagarik Suraksha Sanhita, 2023

(Act No. 46 of 2023)

Remarkable Changes under BNSS (Chapter wise) 1
Rationale of Criminal Justice System 13
  • 1. Background of criminal law
13
  • 2. Chronology of criminal justice system
13
  • 3. Drawbacks of criminal justice system
14
  • 4. Composition of BNSS
14
  • 5. Time line for BNSS
14
  • 6. Statement of Objects and Reasons of BNSS
15
  • 7. Overview of BNSS vis-à-vis Code 1973
16
  • 8. Object of Criminal Trial
16
  • 9. Stakeholders and Functionaries in the Criminal Justice Administration
17
  • 10. Concept of Fair and Speedy Trial
19
  • 11. Effect of Delay in Criminal Trial
19
  • 12. Justice Delayed is Justice Denied
21
  • 13. Concept of Adversarial System
22
  • 14. Human Rights during Criminal Investigations
25

Chapter I

Preliminary

1. Short title, extent and commencement 27
2. Definitions 28
  • (1)(a) "audio-video electronic means"
28
  • (1)(b) "bail"
29
  • (1)(d) "bail bond"
29
  • (1)(e) "bond"
29
  • (1)(c) "bailable offence"
30
  • (1)(f) "charge"
31
  • (1)(g) "cognizable offence"
31
  • (1)(o) "non-cognizable offence"
32
  • (1)(h) "complaint"
33
  • (1)(j) "High Court"
35
  • (1)(k) "inquiry"
35
  • (1)(l) "investigation"
35
  • (1)(m) "judicial proceeding"
38
  • (1)(n) "local jurisdiction"
38
  • (1)(p) "notification"
39
  • (1)(q) "offence"
39
  • (1)(r) "officer in charge of a police station"
39
  • (1)(s) "place"
40
  • (1)(t) "police report"
40
  • (1)(u) "police station"
41
  • (1)(v) "Public Prosecutor"
41
  • (1)(w) "sub-division"
41
  • (1)(x) "summons-case"
42
  • (1)(z) "warrant-case"
42
  • (1)(y) "victim"
43
3. Construction of references 44
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws45
5. Saving 45

Chapter II

Constitution of Criminal Courts and Offices

6. Classes of Criminal Courts 47
7. Territorial divisions 49
8. Court of Session 50
9. Courts of Judicial Magistrates 52
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 52
11. Special Judicial Magistrates 53
12. Local Jurisdiction of Judicial Magistrates 54
13. Subordination of Judicial Magistrates 54
14. Executive Magistrates 55
15. Special Executive Magistrates 57
16. Local Jurisdiction of Executive Magistrates 57
17. Subordination of Executive Magistrates 57
18. Public Prosecutors 58
19. Assistant Public Prosecutors 63
20. Directorate of Prosecution 64

Chapter III

Power of Courts

21. Courts by Which offences are triable 69
22. Sentences which High Courts and Sessions Judges may pass 71
23. Sentences which Magistrates may pass 71
24. Sentence of Imprisonment in default of fine 74
25. Sentence in cases of conviction of several offences at one trial 75
26. Mode of conferring powers 77
27. Powers of officers appointed 77
28. Withdrawal of powers 77
29. Powers of Judges and Magistrates exercisable by their successors-in office 78

Chapter IV

Powers of Superior Officers of Police and Aid to the Magistrates and the Police

30. Powers of superior officers of police 79
31. Public when to assist Magistrates and police 80
32. Aid to person, other than police officer, executing warrant 80
33. Public to give information of certain offences 81
34. Duty of officers employed in connection with affairs of a village to make certain report 83

Chapter V

Arrest of Persons

35. When police may arrest without warrant 85
36. Procedure of arrest and duties of officer making arrest 95
37. Designated Police Officer 99
38. Right of arrested person to meet an advocate of his choice during interrogation 100
39. Arrest on refusal to give name and residence 101
40. Arrest by private person and procedure on such arrest 102
41. Arrest by Magistrate 102
42. Protection of members of Armed Forces from arrest 103
43. Arrest how made 104
44. Search of place entered by person sought to be arrested 109
45. Pursuit of offenders into other jurisdictions 110
46. No unnecessary restraint 110
47. Person arrested to be informed of grounds of arrest and of right to bail 111
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend 111
49. Search of arrested person 112
50. Power to seize offensive weapons 113
51. Examination of accused by medical practitioner at request of police officer 114
52. Examination of person accused of rape by medical practitioner 116
53. Examination of arrested person by medical officer 118
54. Identification of person arrested 119
55. Procedure when police officer deputes subordinate to arrest without warrant 120
56. Health and safety of arrested person 121
57. Person arrested to be taken before Magistrate or officer in charge of police station 121
58. Person arrested not to be detained more than twenty-four hours 121
59. Police to report apprehensions 122
60. Discharge of person apprehended 122
61. Power, on escape, to pursue and retake 123
62. Arrest to be made strictly according to Sanhita 123

Chapter VI

Processes to Compel Appearance

A.—Summons

63. Form of summons 131
64. Summons how served 131
65. Service of summons on corporate bodies, firms, and societies 133
66. Service when persons summoned cannot be found 133
67. Procedure when service cannot be effected as before provided 134
68. Service on Government servant 135
69. Service of summons outside local limits 135
70. Proof of service in such cases and when serving officer not present 136
71. Service of summons on witness 136

B.—Warrant of arrest

72. Form of warrant of arrest and duration 138
73. Power to direct security to be taken 144
74. Warrants to whom directed 145
75. Warrant may be directed to any person 145
76. Warrant directed to police officer 146
77. Notification of substance of warrant 146
78. Person arrested to be brought before Court without delay 146
79. Where warrant may be executed 147
80. Warrant forwarded for execution outside jurisdiction 147
81. Warrant directed to police officer for execution outside jurisdiction 148
82. Procedure on arrest of person against whom warrant issued 151
83. Procedure by Magistrate before whom such person arrested is brought 151

C.—Proclamation and attachment

84. Proclamation for person absconding 152
85. Attachment of property of person absconding 155
86. Identification and attachment of property of proclaimed person 157
87. Claims and objections to attachment 158
88. Release, sale and restoration of attached property 159
89. Appeal from order rejecting application for restoration of attached property 160

D.—Other rules regarding processes

90. Issue of warrant in lieu of, or in addition to, summons 161
91. Power to take bond or bail bond for appearance 162
92. Arrest on breach of bond or bail bond for appearance 163
93. Provisions of this Chapter generally applicable to summons and warrants of arrest 164

Chapter VII

Processes to Compel the Production of Things

A.—Summons to produce

94. Summons to produce document or other thing 166
95. Procedure as to letters 170

B.—Search-warrants

Powers of Superior Officers of Police and Aid to the Magistrates and the Police

96. When search-warrant may be issued 171
97. Search of place suspected to contain stolen property, forged documents, etc. 175
98. Power to declare certain publications forfeited and to issue search-warrants for same 177
99. Application to High Court to set aside declaration of forfeiture 180
100. Search for persons wrongfully confined 182
101. Power to compel restoration of abducted females 183

C.—General provisions relating to searches

102. Direction, etc., of search-warrants 184
103. Persons in charge of closed place to allow search 184
104. Disposal of things found in search beyond jurisdiction 187

D.—Miscellaneous

105. Recording of search and seizure through audio-video electronic means 188
106. Power of police officer to seize certain property 188
107. Attachment, forfeiture or restoration of property 191
108. Magistrate may direct search in his presence 193
109. Power to impound document, etc., produced 194
110. Reciprocal arrangements regarding processes 194

Chapter VIII

Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property

111. Definitions 199
112. Letter of request to competent authority for investigation in a country or place outside India 201
113. Letter of request from a country or place outside India to a Court or an authority for investigation in India 202
114. Assistance in securing transfer of persons 204
115. Assistance in relation to orders of attachment or forfeiture of property 204
116. Identifying unlawfully acquired property 205
117. Seizure or attachment of property 205
118. Management of properties seized or forfeited under this Chapter 205
119. Notice of forfeiture of property 206
120. Forfeiture of property in certain cases 206
121. Fine in lieu of forfeiture 207
122. Certain transfers to be null and void 207
123. Procedure in respect of letter of request 207
124. Application of this Chapter 207

Chapter IX

Security for Keeping the Peace and for Good Behaviour

125. Security for keeping peace on conviction 210
126. Security for keeping peace in other cases 212
127. Security for good behaviour from persons disseminating certain matters 214
128. Security for good behaviour from suspected persons 216
129. Security for good behaviour from habitual offenders 217
130. Order to be made 220
131. Procedure in respect of person present in Court 221
132. Summons or warrant in case of person not so present 221
133. Copy of order to accompany summons or warrant 222
134. Power to dispense with personal attendance 222
135. Inquiry as to truth of information 223
136. Order to give security 225
137. Discharge of person informed against 226
138. Commencement of period for which security is required 227
139. Contents of bond 227
140. Power to reject sureties 228
141. Imprisonment in default of security 229
142. Power to release persons imprisoned for failing to give security 231
143. Security for unexpired period of bond 233

Chapter X

Order for Maintenance of Wives, Children and Parents

144. Order for maintenance of wives, children and parents 234
145. Procedure 245
146. Alteration in allowance 247
147. Enforcement of order of maintenance 250

Chapter XI

Maintenance of Public Order and Tranquillity

A.—Unlawful assemblies

148. Dispersal of assembly by use of civil force 259
149. Use of armed forces to disperse assembly 260
150. Power of certain armed force officers to disperse assembly 261
151. Protection against prosecution for acts done under sections 148, 149 and 150 262

B.—Public nuisances

152. Conditional order for removal of nuisance 264
153. Service or notification of order 269
154. Person to whom order is addressed to obey or show cause 269
155. Penalty for failure to comply with section 154 270
156. Procedure where existence of public right is denied 270
157. Procedure where person against whom order is made under section 152 appears to show cause 271
158. Power of Magistrate to direct local investigation and examination of an expert 272
159. Power of Magistrate to furnish written instructions, etc. 272
160. Procedure on order being made absolute and consequences of disobedience 273
161. Injunction pending inquiry 273
162. Magistrate may prohibit repetition or continuance of public nuisance 274

C.—Urgent cases of nuisance or apprehended danger

163. Power to issue order in urgent cases of nuisance or apprehended danger 275

D.—Disputes as to immovable property

164. Procedure where dispute concerning land or water is likely to cause breach of peace 280
165. Power to attach subject of dispute and to appoint receiver 285
166. Dispute concerning right of use of land or water 288
167. Local inquiry 290

Chapter XII

Preventive Action of the Police

168. Police to prevent cognizable offences 292
169. Information of design to commit cognizable offences 293
170. Arrest to prevent commission of cognizable offences 293
171. Prevention of injury to public property 294
172. Persons bound to conform to lawful directions of police 295

Chapter XIII

Information to the Police and their Powers to Investigate

173. Information in cognizable cases 296
174. Information as to non-cognizable cases and investigation of such cases 319
175. Police officer's power to investigate cognizable case 320
176. Procedure for investigation 326
177. Report how submitted 332
178. Power to hold investigation or preliminary inquiry 332
179. Police officer's power to require attendance of witnesses 333
180. Examination of witnesses by police 335
181. Statements to police and use thereof 339
182. No inducement to be offered 343
183. Recording of confessions and statements 344
184. Medical examination of victim of rape 355
185. Search by police officer 357
186. When officer in charge of police station may require another to issue search-warrant 360
187. Procedure when investigation cannot be completed in twenty-four hours 362
188. Report of investigation by subordinate police officer 373
189. Release of accused when evidence deficient 374
190. Cases to be sent to Magistrate, when evidence is sufficient 374
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint 376
192. Diary of proceedings in investigation 377
193. Report of police officer on completion of investigation 380
194. Police to enquire and report on suicide, etc. 390
195. Power to summon persons 393
196. Inquiry by Magistrate into cause of death 394

Chapter XIV

Jurisdiction of the Criminal Courts in Inquiries and Trials

197. Ordinary place of inquiry and trial 401
198. Place of inquiry or trial 402
199. Offence triable where act is done or consequence ensues 403
200. Place of trial where act is an offence by reason of relation to other offence 403
201. Place of trial in case of certain offences 404
202. Offences committed by means of electronic communications, letters, etc. 405
203. Offence committed on journey or voyage 406
204. Place of trial for offences triable together 407
205. Power to order cases to be tried in different sessions divisions 407
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place 408
207. Power to issue summons or warrant for offence committed beyond local jurisdiction 409
208. Offence committed outside India 409
209. Receipt of evidence relating to offences committed outside India 411

Chapter XV

Conditions Requisite for Initiation of Proceedings

210. Cognizance of offences by Magistrate 413
211. Transfer on application of accused 420
212. Making over of cases to Magistrates 421
213. Cognizance of offences by Court of Session 423
214. Additional Sessions Judges to try cases made over to them 425
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 427
216. Procedure for witnesses in case of threatening, etc. 431
217. Prosecution for offences against State and for criminal conspiracy to commit such offence 431
218. Prosecution of Judges and public servants 433
219. Prosecution for offences against marriage 438
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 440
221. Cognizance of offence 440
222. Prosecution for defamation 441

Chapter XVI

Complaints to Magistrates

223. Examination of complainant 445
224. Procedure by Magistrate not competent to take cognizance of case 451
225. Postponement of issue of process 451
226. Dismissal of complaint 456

Chapter XVII

Commencement of Proceedings before Magistrates

227. Issue of process 459
228. Magistrate may dispense with personal attendance of accused 463
229. Special summons in cases of petty offence 464
230. Supply to accused of copy of police report and other documents 466
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session 469
232. Commitment of case to Court of Session when offence is triable exclusively by it 471
233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence 475