DEFINITIONS PART

3
JIVANTIKA GULATI
• Section 2(1)(m): (m) "judicial proceeding" includes any proceeding in the
course of which evidence is or may be legally taken on oath;
• If not followed punishment under Sec 227 of BNS, 2023: i.e. Section 193
IPC.
• Punishment for false evidence.
• It includes inquiry and trial but not investigation
• 227. (1) Whoever intentionally gives false evidence in any of a judicial
proceeding, or fabricates false evidence for the purpose of being used in any
stage of a judicial proceeding, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine which may extend to ten thousand rupees.
• (2) Whoever intentionally gives or fabricates false evidence in any case other
than that referred to in sub-section (1), shall be punished with imprisonment
of either description for a term which may extend to three years, and shall
also be liable to fine which may extend to five thousand rupees.
 S. 181 BNSS ACT, 2023: Statements to police
and use thereof.
• (1) No statement made by any person to a police officer in the course of an
investigation under this Chapter, shall, if reduced to writing, be signed by the
person making it; nor shall any such statement or any record thereof,
whether in a police diary or otherwise, or any part of such statement or
record, be used for any purpose, save as hereinafter provided, at any inquiry
or trial in respect of any offence under investigation at the time when such
statement was made
Third degree method eg
Proceedings before Collector under Land Acquisition Act are not JP
 CATEGORIES OF JUDICIAL
PROCEEDINGS
• Inquiry under Legal Practioners Act, 1879
• Proceedings in execution of decree
 Section 166 bnss act, 2023
• Power to issue orde(1) In cases where, in the opinion of a District Magistrate, a
Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the
State Government in this behalf, there is sufficient ground for proceeding under this
section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a
written order stating the material facts of the case and served in the manner provided by
section 153, direct any person to abstain from a certain act or to take certain order with
respect to certain property in his possession or under his management, if such Magistrate
considers that such direction is likely to prevent, or tends to prevent, obstruction,
annoyance or injury to any person lawfully employed, or danger to human life, health or
safety or a disturbance of the public tranquillity, or a riot, or an affrayr in urgent cases of
nuisance or apprehended danger.
• (n) "local jurisdiction", in relation to a Court or Magistrate, means the local
area within which the Court or Magistrate may exercise all or any of its or his
powers under this Sanhita and such local area may comprise the whole of the
State, or any part of the State, as the State Government may, by notification,
specify;
• Local jurisdiction means local area. It will be in relation to a court or a
magistrate.
• Local jurisdiction is not related to police activities.
• Area of Local jurisdiction
• - within which the court or magistrate may exercise powers.
• -which power that is under BNSS Act, 2023
• - all or any of its power
• (p) "notification" means a notification published in the Official Gazette;
• (r) "officer in charge of a police station" includes, when the officer in
charge of the police station is absent from the station-house or unable from
illness or other cause to perform his duties, the police officer present at the
station-house who is next in rank to such officer and is above the rank of
constable or, when the State Government so directs, any other police officer
so present;
• A Station House Officer is in charge of an individual police station. An SHO
typically holds the rank of Inspector or Sub-Inspector.
• The Superintendent of Police is in-charge of all the police stations in a
district. The Senior Superintendents of Police are the officers of the Indian
Police Services. They are charged with the power and responsibility of the
maintenance of law and order and other issues of a metropolitan district of
any State or Union territory of our country. The Superintendent of Police are
the officers of either Indian Police Services or State Police Services.
• (q) "offence" means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be made
under section 20 of the Cattle Trespass Act, 1871;
• 20. Power to make complaints.
• - Any person whose cattle have been seized under this Act, or, having been so
seized, have been detained in contravention of this Act, may, at any time within ten
days from the date of the seizure, make a complaint to the Magistrate of the
District or any Magistrate authorised to receive and try charges without reference
by the Magistrate of the District.
• (s) "place" includes a house, building, tent, vehicle and vessel;
• (t) "police report" means a report forwarded by a police officer to a
Magistrate under sub-section (3) of section 193;
 Report of police officer on completion of
investigation
• 3) (i) As soon as the investigation is completed, the officer in charge of the police station
shall forward, including through electronic communication to a Magistrate empowered to
take cognizance of the offence on a police report, a report in the form as the State
Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of
the information; (c) the names of the persons who appear to be acquainted with the
circumstances of the case; (d) whether any offence appears to have been committed and, if
so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been
released on his bond or bail bond; (g) whether the accused has been forwarded in custody
under section 190; (h) whether the report of medical examination of the woman has been
attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or
section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of
electronic device;
• (ii) the police officer shall, within a period of ninety days, inform the progress
of the investigation by any means including through electronic
communication to the informant or the victim;
• (iii) the officer shall also communicate, in such manner as the State
Government may, by rules, provide, the action taken by him, to the person, if
any, by whom the information relating to the commission of the offence was
first given.
• (v) "Public Prosecutor" means any person appointed under section 18, and
includes any person acting under the directions of a Public Prosecutor;
 Sec 18, Public Prosecutors
• 1) For every High Court, the Central Government or the State Government shall, after consultation
with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional
Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on
behalf of the Central Government or the State Government, as the case may be:
• Provided that for National Capital Territory of Delhi, the Central Government shall, after
consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public
Prosecutors for the purposes of this sub-section.
• (2) The Central Government may appoint one or more Public Prosecutors for the purpose of
conducting any case in any district or local area.
• (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint
one or more Additional Public Prosecutors for the district:
• Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be
a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.
• (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in
his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
• (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for
the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
• (6) Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the
State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons
constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in
such Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional Public
Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).
• (w) "sub-division" means a sub-division of a district;
• (x) "summons-case" means a case relating to an offence, and not being a
warrant-case;
• (z) "warrant-case" means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
Basic point of difference Summons case Warrants Case
Meaning Punishment less than 02 More than 02 years
years
Nature of offence Offences are less grave Serious offences
Trial CHAPTER XXI TRIAL CHAPTER XX TRIAL OF
OF SUMMONS-CASES WARRANT-CASES BY
BY MAGISTRATES MAGISTRATES
A summon can be Warrant cannot be
converted to warrant case converted to summon case
 S. 227, Issue of process.
• 1) If in the opinion of a Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be—
• (a) a summons-case, he shall issue summons to the accused for his attendance; or
• (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for
causing the accused to be brought or to appear at a certain time before such
Magistrate or (if he has no jurisdiction himself) some other Magistrate having
jurisdiction:
• Provided that summons or warrants may also be issued through electronic means
• (2) No summons or warrant shall be issued against the accused under sub-section
(1) until a list of the prosecution witnesses has been filed.
• (3) In a proceeding instituted upon a complaint made in writing, every summons or
warrant issued under sub-section (1) shall be accompanied by a copy of such
complaint.
• (4) When by any law for the time being in force any process-fees or other fees are
payable, no process shall be issued until the fees are paid and, if such fees are not
paid within a reasonable time, the Magistrate may dismiss the complaint
• (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;