BNSS UNIT 1:

1. Constitutional Dimensions and Background of BNSS:

Background of Criminal Procedure in India
1. Need for uniformity:
 Before 1861, there was no single law for criminal procedures in India.
Different regions had their own laws, causing confusion.
 The Criminal Procedure Code (CrPC), 1861, was introduced to create
uniformity across the country.
 Over time, as society and crime evolved, it became necessary to update
these laws.
2. Reforming the CrPC in 1973:
 After independence, the government wanted to modernize and simplify
criminal procedures.
 The 41st Law Commission Report (1969) suggested several reforms to
speed up trials, improve the rights of accused persons, and make the law
fairer.
 Based on these recommendations, the CrPC, 1973, was introduced,
which has been in use since then.
Background of BNSS (2023)
1. Need for reforms:
 Even though the CrPC was updated periodically, many of its rules were
considered outdated, complex, or influenced by colonial thinking.
 Modern crimes like cybercrime, terrorism, and organized crime need
advanced laws and faster procedures.
 The government wanted to create a new law that reflects India’s current
needs and constitutional values.
2. Push for a new criminal law:
 Various committees since 1973 suggested amendments to improve
criminal law, but a full overhaul never happened.
 Prime Minister Narendra Modi emphasized replacing colonial laws with
modern, people-centered legislation.
 In 2023, the Bharatiya Nyaya Suraksha Sanhita (BNSS) was passed,
replacing the CrPC.
3. How BNSS was passed:
 The original version, called BNS (1)S, faced criticism and was withdrawn.
 A revised version, BNS (2)S, was introduced and passed despite
controversies, including opposition members being suspended from
Parliament.
Constitutional Dimensions
1. How does the Constitution allow criminal laws like BNSS?
 Article 246:
Criminal procedure falls under the Concurrent List (List III) of the
Constitution. This means both the Union and the States can make laws
on criminal procedures.
However, Union laws, like BNSS, apply across the country and ensure
consistency.
 Article 254:
If there’s a conflict between Union and State laws on a concurrent
subject (like criminal law), Union law prevails.
This ensures that BNSS becomes the uniform law for criminal procedures
in India, while still allowing States to adapt some provisions for local
needs.
Key Features and Objectives of BNSS
 Modernization:
It replaces outdated colonial rules with modern ones, addressing issues
like cybercrime, organized crime, and white-collar crimes.
 Speedy Justice:
It introduces time limits for completing trials, making the process faster.
 Fair Treatment:
It strengthens safeguards to ensure that the accused and victims are
 treated justly, aligning with constitutional principles like Article 21 (Right
to Life and Liberty) and Article 22 (Protection against Arbitrary Arrests).
 Simplification:
It simplifies procedures, making the justice system more accessible to
ordinary citizens.
Conclusion
The BNSS, 2023, reflects India’s evolving needs by modernizing criminal
procedure laws and replacing colonial-era rules. It provides a balanced
approach by ensuring fair treatment, protecting individual rights, and
addressing modern challenges in crime and justice. At the same time, it
respects the federal structure of the Constitution by allowing States to
adapt provisions to local needs, ensuring both uniformity and flexibility.

Salient Features of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The BNSS, 2023 is a reformative law aimed at modernizing India's criminal
justice system. Below are its simplified highlights:
1. Time-Bound Investigations and Trials
o Introduces deadlines for investigations and trials to reduce delays
and case backlogs.
o Cases not meeting timelines may be closed unless valid reasons
are provided.
2. Enhanced Police Powers with Safeguards
o Expands police powers for arrest, search, and seizure, especially in
serious crimes.
o Includes safeguards like judicial oversight for accessing digital
evidence to prevent abuse.
3. Revised Bail Provisions
o Tightens bail conditions for repeat offenders and serious crimes.
o Streamlines bail for minor offenses to reduce unnecessary
detention of undertrials.
4. Preliminary Inquiry for Certain Offenses
o Requires a preliminary inquiry before registering FIRs for crimes
punishable by 3–7 years, ensuring fairness.
5. Use of Technology
o Encourages digital tools in investigations and trials, including
electronic records and forensic technologies like DNA analysis.
6. Protection of Accused Rights
o Ensures the accused are informed of their rights, undergo medical
checks upon arrest, and are protected from custodial torture.
7. Revised Handcuffing Rules
o Allows handcuffing dangerous offenders but requires written
justification to prevent misuse.
8. Simplified Appeals and Revisions
o Streamlines legal processes for quicker resolution of cases,
reducing backlogs.
9. Transparent Detention Rules
o Provides clear guidelines for detaining individuals during
investigations, ensuring detention is justified and communicated.
10.Promotion of Plea Bargaining
o Encourages plea bargains for minor offenses to reduce court
congestion and expedite resolutions.
11.Uniform Framework with Flexibility
o Creates a centralized criminal procedure framework with room for
states to adapt it to local needs.
12.Stronger Victim Rights
o Ensures victims are informed about case progress, bail
applications, and accused releases, giving them an active role in
the justice process.
Conclusion
 The BNSS, 2023 seeks to enhance efficiency, uphold constitutional rights,
and ensure justice for victims and the accused. It marks a significant step
toward a modern and effective criminal justice system.

2. Functionaries under BNSS:

Functionaries in the Criminal Justice System
1. Police Functionaries: The police are a fundamental part of the criminal
justice system, responsible for maintaining law and order. In India, the
Police Act of 1861 outlines the powers and responsibilities of police
officers. These include:
o Director-General of Police (DGP): At the state level, the DGP
oversees the entire police force, providing direction and leadership
in law enforcement.
o District Magistrates and Collectors: These functionaries are
responsible for overall administrative control, and in some cases,
their powers extend into policing, particularly in managing
situations that may involve public order and safety.
o District Superintendents of Police (SP): At the district level, SPs
have significant powers, including overseeing investigations,
managing law enforcement personnel, and ensuring the proper
conduct of criminal investigations within the district. They also
have the authority to require the presence of witnesses, examine
witnesses, arrest, search, and exercise other police powers.
2. Public Prosecutors:
o Role: Public Prosecutors represent the state in criminal cases.
Their primary role is to prosecute cases on behalf of the
government. Their function is not to secure a conviction at all
costs but to ensure that justice is served by presenting all relevant
evidence, whether it helps or harms the prosecution's case.
o Appointment: Public Prosecutors are appointed under provisions
such as Section 18 of the Criminal Procedure Code. Their duties
 also extend to appearing in courts under Section 338 and
withdrawing cases under Section 360 if appropriate.
o Duty: Public prosecutors have the duty to represent the interests
of justice and the public. They are not required to secure
convictions but to present all evidence, including that which may
be unfavorable to the prosecution.
3. Defense Counsel:
o Role: Defense Counsel represents the accused in criminal cases.
They ensure that the accused’s rights are protected, that a fair trial
is conducted, and that the accused is given an opportunity to
defend themselves against the charges.
o Legal Aid: Under Section 341 of the CrPC, legal aid is provided to
those who cannot afford a defense lawyer. Legal aid ensures that
the right to a fair trial is upheld, even for the indigent accused.
o Role in the Trial: Defense counsel plays a crucial role in challenging
the evidence presented by the prosecution, cross-examining
witnesses, and presenting counter-evidence to establish the
innocence of the accused. The Khatri v. State of Bihar (1981) case
emphasized the right of the accused to legal counsel at the stage
of the trial and at earlier stages when imprisonment is a possible
consequence.
4. Judicial Functionaries (Magistrates and Judges):
o Magistrates: They are judicial officers in the lower courts who have
the power to hear criminal cases at the pre-trial, trial, and post-
trial stages. Magistrates issue warrants, authorize arrests and
searches, and hold preliminary hearings in criminal cases.
o Judges: In the higher courts (Sessions Court and above), judges
have the authority to decide cases involving serious offenses, pass
sentences, and oversee appeals. They ensure that the trial process
adheres to the law and that the accused’s constitutional rights are
respected.
5. Prison Authorities and Correctional Services Personnel:
 o Role: These personnel oversee the custody, treatment, and
rehabilitation of individuals who have been convicted and
sentenced to prison. Under laws like the Prisons Act 1894 and the
Prisoners Act 1900, correctional officers manage the daily
operations of prisons, ensuring that inmates are housed in safe
and secure environments.
o Rehabilitation: They are also responsible for ensuring the
rehabilitation of prisoners through education, vocational training,
and social programs. They work toward reducing recidivism by
helping inmates reintegrate into society after their release.
6. Probation Officers:
o Role: Under the Probation of Offenders Act, 1958, probation
officers supervise offenders who are granted probation (a form of
sentence where the individual is allowed to remain in the
community under supervision instead of serving time in prison).
Their role includes monitoring the offender's progress, providing
counseling, and helping them comply with conditions set by the
court.
7. Prisoners and Correctional Programs:
o Rehabilitation and Welfare: Laws like the Probation of Offenders
Act, 1958, and the Borstal Schools Act (for young offenders) focus
on reformative justice, emphasizing the correction and
rehabilitation of offenders rather than just punishment.
o Rights of Prisoners: Prisoners have specific legal rights related to
humane treatment, access to health care, and legal aid, as
guaranteed under the Constitution of India and various national
laws.
These functionaries work together in a coordinated effort to maintain justice
within the legal system, ensuring that both the rights of the accused and the
interests of society are protected. They form a complex network that ensures
the proper functioning of criminal justice, from investigation through trial and
conviction, to the rehabilitation of offenders.
 ARREST
Introduction:
Arrest involves the apprehension of individuals suspected of committing a
crime or offense. It is a temporary deprivation of freedom, for effective
interrogation and investigation in the case.

Forms of Arrest in India

Arrests in India are categorized based on how they are carried out:

1. Arrest with a Warrant

 Issued by a magistrate or judge for non-cognizable offenses.
 Section 35(2) BNSS: Arrest for non-cognizable offenses requires a
warrant or magistrate's order, unless otherwise specified in Section 39 of
BNSS.
2. Arrest without a Warrant
 Cognizable offenses: Police can arrest without a warrant based on
reasonable complaints or credible information.
 Section 35(1) BNSS: Explains the circumstances under which such arrests
can be made.
 Section 39 BNSS: Guides arrest procedures when someone refuses to
provide their name or address.

3. Arrest by a Private Person

 Section 40 BNSS: Private individuals can arrest a person for:
o A non-bailable offense committed in their presence.
o A crime against a person or property.
 Certain conditions, like justifiable cause, must be met.
4. Arrest by a Magistrate
 Magistrates (executive or judicial) can arrest individuals within their
jurisdiction.
 Section 41 BNSS: Allows magistrates to arrest persons committing
offenses in their presence.
1. Distinction between Warrant and Summons Cases
 Section 2(x): Summons case – Relates to offenses punishable with
imprisonment of less than two years.
 Section 2(z): Warrant case – Relates to offenses punishable with
imprisonment exceeding two years.
 In a summons case, the Magistrate is obligated under Section 227 to
issue a summons first. In a warrant case, the Magistrate has discretion to
issue either a summons or a warrant, depending on the circumstances.
 Section 227, CrPC: In a summons case, the Magistrate must issue a
summons. In a warrant case, the Magistrate has the discretion to issue
either a warrant or summons, depending on the nature and gravity of
the offense.

2. Rules and Procedure for Arrest

 Issue of Arrest Warrant:
1. Section 90 empowers a Magistrate to issue an arrest warrant if
deemed necessary.
2. Sections 72–76 lay down the rules for execution, form, and
duration of an arrest warrant.
 Procedure of Arrest:
1. Section 36 empowers police officers to make arrests under their
jurisdiction.
2. Section 43 allows private persons to arrest offenders in specific
situations.
3. The force used during arrest must be minimal and proportionate to
the situation.
 Arrest Without Warrant:

Section 35 allows arrests without a warrant in certain cases, such as

when a cognizable offense is committed in the presence of a police
officer.

3. Safeguards Regarding Arrest

 1. Article 22, Constitution of India:
o Protects the rights of the arrested person, such as being informed
of the grounds of arrest and the right to legal counsel.
2. Section 36: A memorandum of arrest must be prepared, signed by the
accused and a witness.
3. Section 38: Ensures the presence of an advocate during interrogation.
4. Section 46: Prohibits unnecessary restraint during an arrest.
5. Section 47: Mandates informing the person of the grounds for arrest and
their right to bail.
6. Section 48: Requires police to inform relatives or friends of the arrest.
7. Sections 57 & 58: Stipulate that the arrested person must be produced
before a Magistrate within 24 hours of arrest to ensure judicial oversight.
Key Cases on Arrest in India: Simplified
1. State of Bombay v. Kathi Kalu Oghad:
o This case defines arrest as "a physical restraint put on a person as
a result of accusations of the crime or offense he has committed."
It emphasizes the nature of arrest as a form of physical control
over the accused.
2. Hussainara Khatoon v. State of Bihar:
o In this Public Interest Litigation (PIL), the Supreme Court held that
an accused unable to afford legal services has the right to free
legal aid provided by the state. It recognized the state's duty to
arrange free legal services for those unable to access justice due to
economic conditions or other disabilities.
3. Joginder Kumar v. State of UP:
o This landmark case emphasizes the right of an accused to be
informed of the grounds of the offense, to be informed about their
arrest, and to consult a lawyer. It highlights the importance of
ensuring the accused's rights during the arrest process.
4. State of Punjab v. Ajaib Singh:
 o This case also defines arrest as a "physical restraint resulting from
accusations of a crime." It underlined the need to adhere strictly
to the Defence of India Act, 1962, and associated rules in
executing orders of detention.
5. In re Madhu Limaye Case:
o The case highlighted the violation of an essential and vital right
when an arrested person was not informed about the grounds of
arrest. It affirmed that such violations can be challenged under
Article 32, emphasizing the protection of fundamental rights.
First Information Report (FIR)
1. FIR (First Information Report)
An FIR is a formal document prepared by the police when they receive
information about the commission of a cognizable offense.
It serves as the initial step in a criminal investigation.
The FIR records the details of the crime, the accused (if known), and other
relevant information.
It is an important tool for the police to start an investigation.
2. Distinction Between Cognizable and Non-Cognizable Offenses
 Cognizable Offenses:
o These offenses are serious in nature and include crimes such as
murder, rape, robbery, etc.
o Power to Arrest: The police have the authority to arrest without a
warrant.
o Power to Investigate: Police can start an investigation without the
permission of a Magistrate.
o Nature of Wrong: These offenses typically involve harm to the
community or significant injury to individuals.
o Punishment: Generally carries a more severe penalty.
 Non-Cognizable Offenses:
 o These offenses are relatively less serious, such as minor theft,
cheating, etc.
o Power to Arrest: The police require a warrant to arrest the
accused.
o Power to Investigate: The police cannot initiate an investigation
without the Magistrate’s permission.
o Nature of Wrong: These offenses usually affect individuals more
than the community.
o Punishment: Penalties are generally less severe compared to
cognizable offenses.
3. Criticism of Classification:
The classification of offenses into cognizable and non-cognizable has been
criticized on several grounds:
 Arbitrary Nature: The distinction is often seen as arbitrary and may not
accurately reflect the severity of the crime.
 Administrative Convenience: It is more for administrative convenience
than for a substantive legal reason.
 Access to Justice: The requirement for a Magistrate’s permission to
investigate non-cognizable offenses can delay justice and hinder timely
action in many cases.
4. Whether Mandatory to Register FIR/Preliminary Inquiry by Police Before
Registration of FIR:
In Lalita Kumari v. Govt of UP, the Supreme Court of India held that it is
mandatory for the police to register an FIR as soon as a cognizable offense is
reported. The police cannot conduct a preliminary inquiry before registering
the FIR unless the information received is vague or lacks credibility. The ruling
emphasized that delay in registration of FIR can lead to loss of evidence and
violates the rights of the accused and the victim.
5. Section 173(3): Prima Facie Case Standard
Section 173(3) of the CrPC allows the police to submit an investigation report
even when there is no conclusive evidence of guilt. It is a prima facie report,
indicating whether or not a case should proceed to trial based on available
evidence. This provision ensures that cases are not dismissed prematurely due
to insufficient evidence and that the judicial process can still consider whether
there is a need for further investigation or trial.
6. Zero FIR:
 State of Andhra Pradesh v. Punati Rambude : A Zero FIR is registered at
any police station irrespective of the jurisdiction when the crime is
committed outside its jurisdiction. It is later transferred to the concerned
police station where the crime occurred. This procedure ensures that
victims are not denied a chance to register their complaint solely based
on jurisdictional concerns.
 Satvinder Kaur v. Govt of NCT Delhi: Emphasizes that Zero FIR helps in
the speedy redressal of complaints and access to justice for victims of
crime.
7. E-FIR (Electronic FIR):
The introduction of E-FIR aimed at digitalizing the process to make it more
efficient. However, several implementation challenges persist:
 Accessibility: Issues in accessing digital platforms, especially in rural
areas with limited internet connectivity.
 Verification: Ensuring the authenticity of the information when filed
online can be problematic.
 Data Security: Concerns regarding the security and confidentiality of the
data.
 Evidentiary Value: The evidentiary value of an E-FIR is still being tested in
courts, as the physical document holds more credibility compared to a
digitally filed report.
8. Evidentiary Value of FIR:
An FIR holds significant evidentiary value in criminal proceedings.
It is considered the earliest record of information related to the crime and
provides the basis for the investigation.
The FIR is typically filed by a witness or victim and is used to establish the chain
of events and the sequence of events leading up to the crime.
Its credibility can influence the course of the investigation and the trial.
However, it must be noted that discrepancies in the FIR can affect its
evidentiary value.
For instance, if the information is found to be misleading or incorrect, it could
potentially undermine the prosecution's case.
Overall, the FIR is an essential legal document that ensures transparency and
accountability in the criminal justice system, but its use and implementation
require careful consideration to balance expedience with fairness and accuracy.

FIRST INFORMATION REPORT:

Meaning and Concept:
A First Information Report (FIR) is the initial report made to the police about a
cognizable offence, which marks the start of an investigation. While the
Bhartiya Nagarik Suraksha Sahita (BNSS) 2023 does not define an FIR explicitly,
Section 154 requires police officers to record information about cognizable
offences reported to them. Section 173 (1) mandates that the police officer
investigating a cognizable offence must prepare an FIR and submit it to the
nearest magistrate within 24 hours of receiving the information.
Registration of an FIR under the Bhartiya Nagarik Suraksha Sahita (BNSS),
2023:
Anyone can lodge an FIR: It’s not necessary to be the victim or an eyewitness;
anyone with information about a cognizable offence can report it.
Police discretion: A police officer can register an FIR if they become aware of a
cognizable offence independently.
Legal interpretation: The Supreme Court interpreted that the informant does
not need personal knowledge of the incident; the aim is to ensure prompt
reporting for investigation.
Source of information: Information can come from any reliable source, not just
those with direct knowledge.
No preliminary investigation required: The police do not need to conduct a
preliminary investigation before registering an FIR, setting the criminal justice
system in motion promptly.
Court’s stance: The interpretation of Section 173 BNSS allows police broad
discretion to register an FIR based on credible information.
Section 173: Information in Cognizable Cases:
Reporting: Reports can be made orally or electronically to the police station’s
officer in charge.
Oral Reports: Must be written down and signed by the informant.
Electronic Reports: Must be signed within three days and recorded in a
prescribed format.
Record Entry: Details must be entered into a designated book as specified by
the State Government.
Victim Protection: If the informant is a woman or a person with disabilities, the
report must be taken by a female officer or at a convenient location with an
interpreter if needed, and recorded in video format.
Magistrate’s Role: The police must promptly arrange for the person’s statement
to be recorded by a magistrate.
Copy to Informant: A free copy of the recorded information must be provided
to the informant or victim.
Preliminary Inquiry: For offences with sentences of three to seven years, the
officer in charge can conduct a preliminary inquiry with the Deputy
Superintendent of Police’s permission.
Complaint Procedure: If an officer refuses to register an FIR, the informant can
send a written complaint to the Superintendent of Police, who will either
investigate personally or instruct a subordinate officer to handle it. The
subordinate officer will have the same authority as the officer in charge.
Alternatively, the aggrieved person can approach the magistrate if these steps
are not taken.
E-FIR
Provision: The BNSS allows electronic FIR (E-FIR) registration.
Benefits: Expedited process and prevents victims, especially women, from
reliving traumatic experiences.
Concerns: Regulated E-FIR registration is recommended to avoid logistical
issues and manage unmanageable FIRs.
Requirements: The informant’s signature must be obtained within three days
before recording.
Preliminary Enquiry
Section 173(3) introduces a ‘preliminary enquiry’ for cognizable offences
punishable with imprisonment between 3 to 7 years.
Duration: To be completed within 14 days.
Process: The senior police officer can either conduct the enquiry to establish a
prima facie case or proceed directly with the investigation with permission
from a Deputy Superintendent of Police or higher.
Concept of Zero FIR
Purpose: Zero FIR allows a cognizable offence to be reported at any police
station, regardless of jurisdiction.
Benefits: Ensures prompt registration and immediate intervention.
Statutory Mandate: BNSS mandates Zero FIR under Section 173(1).
Procedure: Report a crime at any police station; it’s registered as a Zero FIR,
and the case is transferred to the appropriate police station with jurisdiction.
Historical Context: The concept was recommended in 2015 by the Ministry of
Home Affairs and supported by the judiciary.
Judicial Support: The Supreme Court, in cases like State of AP vs. Punati Ramulu
and Ors., upheld the registration of Zero FIR without territorial restrictions.
Mandatory Registration
If a police officer refuses to record an FIR:
The complainant can send a written substance of the information by post to
the Superintendent of Police.
If the Superintendent finds the information credible, they can either investigate
the case themselves or direct a subordinate police officer to do so.
Section 173(4) allows for filing an application with the magistrate if an FIR is
not registered after the Superintendent's intervention.
Landmark Case: Lalita Kumari vs. Government of Uttar Pradesh (2014)
Ruling: Compulsory registration of FIRs for cognizable offences.
Purpose: Streamline the criminal complaint process and ensure prompt police
action.
Key Points:
Eliminate discretionary practices in FIR registration.
No corroboration needed; register FIR based solely on complainant’s
information.
Provide written acknowledgment to the complainant.
Maintain a register of FIRs; issue regular reports to superiors.
Copy to Victim
Section 173(2) BNSS: Extends the provision to include both the victim and the
informant in receiving a copy of the FIR.
Section 154(2) CrPC: Provides a copy only to the informant.
Digital Documentation and Public Access to FIR Information
Online FIR Registration: Available on relevant agency websites (e.g., Delhi
Police: https://www.delhipolice.nic.in/).
Physical FIR Access: Also available on the agency's website.
Supreme Court Directive: FIRs must be online within 24 hours of registration
(Youth Bar Association of India vs. Union of India, 2016).

Hierarchy of Courts in India

Introduction
 The Judicial system in India is established in such a way that it caters the
needs of its citizens.
 We have a complex and lengthy system of courts.
 The court has been created in a way that any person can approach the
courts easily.
  Indian has the most efficient judicial system in the world.
Types of Courts in India
 As per Section 6 of Bharatiya Nyaya Suraksha Sanhita, 2023
(BNSS) states that besides the High Courts and the Courts constituted
under any law, other than this Sanhita, there shall be, in every State, the
following classes of Criminal Courts, namely: —
o Courts of Session
o Judicial Magistrates of the first class
o Judicial Magistrates of the second class
o Executive Magistrates.

Hierarchy of Courts
The Bhartiya Nagarik Suraksha Sahita (BNSS) 2023 outlines the structure and
powers of Judicial Magistrates in various roles and their subordination:
Courts of Judicial Magistrate (Section 9)
1. Establishment of Courts:
o In every district, the State Government establishes Courts of
Judicial Magistrates of the first and second classes.
o Special Courts can be established for specific cases or classes of
cases with no other Magistrate having jurisdiction over those
cases.
2. Presiding Officers:
o The High Court appoints presiding officers for these Courts.
o Special Courts’ presiding officers are also appointed by the High
Court.
3. Powers Conferred on Judicial Service Members:
o The High Court can confer the powers of a Judicial Magistrate of
the first or second class on any member of the State's Judicial
Service functioning as a Judge in a Civil Court, if deemed
necessary.
Chief Judicial Magistrate (Section 10)
1. Chief Judicial Magistrate Appointment:
o In every district, the High Court appoints a Judicial Magistrate of
the first class as the Chief Judicial Magistrate.
2. Additional Chief Judicial Magistrate:
o The High Court can appoint an Additional Chief Judicial Magistrate
from the Judicial Magistrates of the first class, who will have
similar powers as the Chief Judicial Magistrate.
3. Sub-divisional Judicial Magistrate:
o The High Court can designate any Judicial Magistrate of the first
class in a sub-division as the Sub-divisional Judicial Magistrate with
specific responsibilities.
4. Supervision and Control:
o The Sub-divisional Judicial Magistrate supervises and controls
other Judicial Magistrates (excluding Additional Chief Judicial
Magistrates) in the sub-division under the Chief Judicial
Magistrate’s general control.
Special Judicial Magistrate (Section 11)
1. Special Powers:
o The High Court, upon request from the Central or State
Government, can confer Judicial Magistrate powers on individuals
with relevant qualifications and experience, for specific cases or
classes of cases.
2. Term:
o Special Judicial Magistrates are appointed for a term not
exceeding one year as directed by the High Court.
Subordination of Judicial Magistrates (Section 13)
1. Subordination:
o The Chief Judicial Magistrate is subordinate to the Sessions Judge.
 o Other Judicial Magistrates, except Additional Chief Judicial
Magistrates, are subordinate to the Chief Judicial Magistrate.
2. Business Distribution:
o The Chief Judicial Magistrate can distribute the work among the
subordinate Judicial Magistrates and make rules or give orders as
needed.
Executive Magistrate (Section 14)
1. Appointment of Executive Magistrates:
o The State Government appoints as many Executive Magistrates as
deemed fit for each district.
o One of them is designated as the District Magistrate.
2. Additional District Magistrates:
o The State Government can appoint an Additional District
Magistrate from among the Executive Magistrates, who will have
the powers of a District Magistrate as directed by the State
Government.
3. Succession to the Office:
o If the office of the District Magistrate becomes vacant, the State
Government can appoint another officer temporarily to assume
executive administration of the district until further orders. This
officer exercises all the powers of the District Magistrate during
this period.
4. Sub-divisional Magistrates:
o The State Government can place an Executive Magistrate in charge
of a sub-division, who will be known as the Sub-divisional
Magistrate. This position can be vacated as required.
5. Delegation of Powers:
o The State Government may delegate its powers under sub-section
(4) to the District Magistrate, with specified controls and
directions.
6. Commissioner of Police Powers:
 o Nothing in this section precludes the State Government from
conferring, under any law, the powers of an Executive Magistrate
on a Commissioner of Police.
Special Executive Magistrates (Section 15)
1. Appointment:
o The State Government may appoint Special Executive Magistrates
for specific areas or functions, for a term it deems fit. These
magistrates can be police officers not below the rank of
Superintendent of Police or equivalent.
2. Powers Conferred:
o Special Executive Magistrates can be conferred with some or all of
the powers that are typically given to Executive Magistrates under
the BNSS.

Court of Sessions (Section 8)

1. Establishment of Courts of Session:
o The State Government is required to establish a Court of Session
for each sessions division.
2. Presiding Judge:
o Each Court of Session is presided over by a Judge appointed by the
High Court.
3. Additional Sessions Judges:
o The High Court can also appoint Additional Sessions Judges to
exercise jurisdiction in a Court of Session.
4. Additional Sessions Judge in Another Division:
o The Sessions Judge of one sessions division may be appointed as
an Additional Sessions Judge in another division if directed by the
High Court.
5. Vacancy Arrangements:
 o If the Sessions Judge's position is vacant, an Additional Sessions
Judge or, if none, a Chief Judicial Magistrate, can handle urgent
applications in that sessions division.
6. Sittings Location:
o The Court of Session generally sits at specified locations but can
also hold sessions at other places if it benefits the convenience of
the parties and witnesses, with consent from the prosecution and
the accused.
7. Distribution of Business:
o The Sessions Judge can make orders on the distribution of cases
among Additional Sessions Judges.
8. Urgent Applications in Absence:
o If the Sessions Judge is absent or unable to act, an Additional
Sessions Judge or Chief Judicial Magistrate can handle urgent
applications.
Changes in Provisions:
 The concept of the Assistant Sessions Judge, which existed under the
Code of Criminal Procedure, 1973 (CrPC), is no longer present in BNSS.
 The concept of Metropolitan Magistrate, which also existed under CrPC,
is no longer applicable under the new criminal act of BNSS.