Powers and Jurisdictions of Criminal Courts in India Under BNSS, 2023

India’s criminal justice system is structured hierarchically, with different levels of courts having specific powers
and jurisdictions. The Bharatiya Nyaya Sanhita, 2023 (BNSS), replacing the previous Criminal Procedure Code
(CrPC), redefines these powers to make the judicial process more efficient and transparent. The reforms
under BNSS enhance the efficiency of trials, strengthen the rights of victims, and modernize the court system,
including the integration of digital technologies
1. Supreme Court 3. Sessions Courts
 Jurisdiction:  Jurisdiction:
o The Supreme Court is the highest appellate body o Sessions Courts are responsible for hearing the
in India and holds the final authority in criminal most serious criminal cases, such as those
matters, hearing appeals from High Courts and punishable by death, life imprisonment, or
exercising original jurisdiction in constitutional imprisonment for seven years or more.
issues and disputes of national importance. o They have the authority to hear appeals from
o It can entertain Special Leave Petitions (SLPs) Magistrates’ Courts in criminal matters.
under Article 136 of the Constitution, granting  Powers:
appeals in exceptional cases. o Sessions Judges have the authority to impose
 Powers: any sentence, including the death penalty,
o It has the power to impose any sentence subject to confirmation by the High Court.
authorized by law, including capital punishment o Assistant Sessions Judges can impose sentences
(death penalty), though death sentences are up to 10 years of imprisonment, while
subject to confirmation by the High Court. Additional Sessions Judges have similar powers
o The Court can issue writs for the enforcement of to the Sessions Judge.
fundamental rights and judicial review, ensuring o These courts can also review cases and ensure
the proper administration of justice across lower that the lower courts act within their prescribed
courts. jurisdiction.
o It also exercises advisory jurisdiction under Article 4. Magistrates’ Courts (Chief Judicial Magistrates
143 of the Constitution. and Judicial Magistrates)
2. High Courts  Chief Judicial Magistrates (CJM):
 Jurisdiction:  Jurisdiction: The CJM has the authority to try
o High Courts exercise appellate jurisdiction over criminal cases involving imprisonment up to
criminal appeals from Sessions Courts and seven years.
Magistrates' Courts, ensuring that justice is  Powers: Can impose sentences up to seven
administered in cases involving serious offenses years of imprisonment and impose fines as
or legal errors by subordinate courts. authorized by law.
o High Courts have revisional and supervisory  Also supervises the functioning of other
powers, intervening in cases where lower courts Magistrates in the district, ensuring the proper
have overstepped their jurisdiction or made administration of justice.
incorrect rulings.  Judicial Magistrates (First and Second Class):
o Original jurisdiction under Articles 226 and 227 o First Class Magistrates (JMFC): Handle cases
allows the High Court to issue writs, such as punishable with imprisonment up to three years
habeas corpus, mandamus, and certiorari, to and fines up to ₹10,000. They can impose
enforce fundamental rights and correct judicial imprisonment for up to three years or fines
errors. within the prescribed limit.
 Powers: o Second Class Magistrates: Deal with minor
o The High Court reviews and confirms or criminal offenses involving imprisonment of up
commutes death sentences passed by the to one year or fines up to ₹5,000.
Sessions Courts. o Both First and Second Class Magistrates play
o It handles appeals from lower courts, including crucial roles in the judicial system by handling
revising decisions made by Sessions Courts or common offenses and ensuring that cases are
Magistrates' Courts. processed without overburdening higher courts.
o The High Court’s powers also extend to ensuring
that judicial processes in subordinate courts
align with the law and legal precedents.
5. Executive Magistrates actions, including public order-related
 Jurisdiction: measures.
o Executive Magistrates deal with preventive 2. Specialized Courts:
measures and maintain public order, rather than o The BNSS emphasizes the creation of specialized
trying criminal cases directly. Their duties include courts for handling crimes such as organized
handling land disputes, enforcing orders under crime, cybercrimes, terrorism, and corruption.
Section 144 of the BNSS, and issuing restraining These courts are empowered with specific
orders for public safety. territorial and subject-matter jurisdiction to
 Powers: address the growing complexity of certain
o They have the authority to issue orders for criminal offenses.
preventive action, like curfews or area 3. Digital Transformation:
restrictions. o A key reform under the BNSS is the mandatory
o Executive Magistrates also grant bail in minor adoption of digital processes in the criminal
offenses and enforce administrative matters justice system. Courts are now required to
related to public order. implement digital case management, filing of
6. Special and Fast-Track Courts documents, and virtual hearings to streamline
 Jurisdiction: the judicial process and make it more accessible
o These courts are established to handle specific to the public.
categories of offenses, such as cases of sexual 4. Time-Bound Trials:
violence, cybercrimes, terrorism, and o The BNSS introduces strict timelines for
corruption. completing criminal trials, reducing unnecessary
 Powers: delays and ensuring that cases are resolved
o Special Courts operate under specific statutes within a reasonable timeframe. This reform
and have the authority to impose sentences aims to enhance the efficiency of the judicial
appropriate for the offense category. system and promote swift justice.
o Fast-Track Courts expedite the trial process to 5. Victim-Centric Provisions:
ensure that justice is delivered promptly. These o Victims are now granted greater rights to
courts help clear the backlog of cases, reducing participate in the judicial process. The BNSS
delays in the judicial process. allows victims to seek private legal
representation and provides avenues for them
Key Changes Introduced by BNSS, 2023 to directly engage in proceedings, strengthening
The Bharatiya Nyaya Sanhita, 2023 (BNSS) the victim's voice in criminal cases.
introduces significant reforms to the jurisdiction 6. Territorial Adjustments:
and powers of criminal courts. Some of the key o The BNSS revises court jurisdictions in line with
changes are: population growth and urbanization. This
1. Enhanced Magistrate Powers: ensures that courts are accessible to all citizens,
o The powers of First-Class Magistrates have been with new courts established to handle the
increased to address more serious offenses and increasing volume of cases in metropolitan and
impose higher fines. Executive Magistrates now growing urban areas.
have greater authority to handle preventive

Conclusion
India’s criminal justice system is organized into various levels of courts, each with clearly defined powers and
jurisdictions, ensuring that justice is delivered in a structured and efficient manner. The reforms introduced by
the Bharatiya Nyaya Sanhita, 2023 (BNSS) significantly enhance the powers of criminal courts and introduce
measures to streamline the judicial process. By empowering courts with modern tools and technologies, the
BNSS aims to make the system more responsive, transparent, and accessible, addressing the evolving needs of
society. The changes under BNSS represent a significant step forward in improving the effectiveness and
efficiency of criminal justice in India.
SECURITY OF PEACE AND GOOD BEHAVIOR, CHAPTER 9, BNSS 2023
Chapter 9 of the Bharatiya Nagarik Suraksh Sanhita (BNSS), titled "Peace for Good Behaviour", is primarily
concerned with ensuring public order and safety by addressing individuals whose behavior may pose a threat
to societal peace. This chapter focuses on preventive actions, such as restrictions on individuals who may be
deemed as potential threats to public order, thereby safeguarding the rights of citizens and the integrity of
social harmony. By implementing legal measures such as bonds or detention orders, the law allows authorities
to take proactive steps against individuals exhibiting disruptive or harmful behavior.
PROVISIONS UNDER CHAPTER IX
Section 125: Security for Keeping the Peace on Conviction
 Subsection (1): When a person is convicted of certain offences, a Court of Session or a Magistrate (First
Class) may order that person to execute a bond (with or without sureties) to keep the peace for up to three
years.
 Subsection (2): Offences for which security may be required include:
 Offences punishable under Chapter VIII (related to various offences like assault,
mischief, intimidation, etc.).
 Offences involving criminal intimidation or those that are likely to cause a breach of
peace.
 Subsection (3): If the conviction is overturned on appeal, the bond becomes void.
Section 126: Security for Keeping the Peace in Other Cases
 Subsection (1): Executive Magistrates may require a person to show cause why they should not be ordered
to execute a bond for maintaining peace if they are believed to be likely to commit a breach of peace or a
wrongful act causing disturbance.
 Subsection (2): This provision applies to persons within the local jurisdiction of the magistrate or where
such a person resides elsewhere.
Section 127: Security for Good Behaviour from Persons Disseminating Seditious Matter
 Subsection (1): Executive Magistrates can order a person to execute a bond for good behaviour if they are
found to be disseminating seditious material or making criminally defamatory statements about judges in
the discharge of their duties.
Section 128: Security for Good Behaviour from Suspected Persons
 Subsection (1): If an Executive Magistrate receives information that a person is concealing their presence
with the intention to commit a cognizable offence, they can order the person to execute a bond for good
behaviour.
Section 129: Security for Good Behaviour from Habitual Offenders
 Subsection (1): Executive Magistrates may order persons who are habitual offenders, such as robbers,
thieves, or involved in serious crimes like kidnapping, extortion, or corruption, to execute a bond for good
behaviour for up to three years.
Section 130-136: Procedure for Inquiry and Order
 Section 130: The Magistrate must make an order in writing, specifying the terms for the bond and sureties,
and take action against persons who fail to comply.
 Section 131-132: If the person is not present, the Magistrate may issue a summons or warrant. If the
person is in custody, the Magistrate can direct them to appear in court.
 Section 135: The Magistrate may inquire into the truth of the information and take further evidence.
 Section 136: If the inquiry shows that security is necessary, the Magistrate will make an order accordingly.
If not, the person will be discharged.
Section 137-142: Conditions and Penalties
 Section 137: If a bond is required, the Magistrate will specify the amount and duration of the bond.
 Section 138: The period for which security is required will begin after the person completes any sentence
of imprisonment they may be serving.
 Section 139: A breach of the bond, such as attempting to commit an offence during the bond period,
constitutes a violation.
 Section 140-141: The Magistrate can reject sureties if deemed unfit or refuse the acceptance of any bond if
necessary conditions are not met.
 Section 142: If a person fails to provide the required security, they may be imprisoned. The period of
imprisonment will depend on the conditions of the bond and the type of offence.
CONCLUSION
Chapter 9 emphasizes the importance of maintaining peace within society, offering a legal framework that balances
individual freedoms with the need for collective security. The provisions under this chapter act as a preventive measure,
ensuring that public disturbances can be controlled before they escalate, thus contributing to a safer and more stable
community.
COMMENCEMENT OF PROCEEDINGS BY THE MAGISTRATE
Introduction
Chapter XVIII of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines the procedures for initiating criminal
cases before magistrates, focusing on the issuance of summons or warrants, the handling of evidence, and the
transfer of cases to higher courts when necessary. It ensures fairness by guaranteeing the accused access to
important documents and allowing the magistrate to take appropriate steps for justice.
227. Issue of Process
 Magistrate's Decision: If a Magistrate determines there is sufficient ground for proceeding, they must
decide whether the case is a summons-case or a warrant-case.
o Summons-case: The Magistrate issues a summons for the accused to attend.
o Warrant-case: The Magistrate may issue a warrant or summons for the accused’s appearance.
 List of Witnesses: Summons or warrants will not be issued until a list of prosecution witnesses has
been filed.
 Complaint Copy: In cases initiated by a complaint, the summons or warrant must include a copy of the
complaint.
 Fees: Process issuance is contingent on payment of required fees, and the complaint may be dismissed
if not paid.
228. Dispensing with Personal Attendance
 Summons Issuance: When a summons is issued, the Magistrate can allow the accused to appear
through a pleader, but can also direct personal attendance at any point.
229. Special Summons for Petty Offences
 Petty Offences: For cases involving minor offenses (punishable by a fine not exceeding Rs. 5,000), the
Magistrate can issue summons, allowing the accused to plead guilty and pay the fine by post or through
a pleader.
 State Government Empowerment: State Governments may empower specific Magistrates to exercise
these powers for compoundable offences or those punishable with imprisonment of up to 3 months.
230-232. Supply of Documents
 Documents to Accused: When the case is based on a police report, the Magistrate must provide the
accused and the victim (if represented) a copy of the police report and other related documents.
o If the case is exclusively triable by a Court of Session, these documents must be provided free of
cost.
o If the documents are too voluminous, the Magistrate may offer them in electronic form or allow
the accused to inspect them in court.
232. Commitment to Court of Session
 If the case is found to be triable exclusively by a Court of Session, the Magistrate must commit the case
to the higher court after providing relevant documents to the accused and victim. The commitment must
happen within 90 days, extendable to 180 days with reasons recorded.
233. Staying Proceedings During Police Investigation
 If an investigation is underway regarding the same offense, the Magistrate must stay the proceedings
until the police report is received. If the report leads to a charge, both the complaint case and police case
may be tried together.
This chapter ensures that criminal proceedings are initiated and handled efficiently, ensuring transparency and
fairness in the legal process, while also setting deadlines for moving cases between courts and dealing with
procedural delays.
Conclusion
In conclusion, this chapter establishes a clear, structured approach for the commencement of legal proceedings,
balancing the rights of the accused with the need for effective justice. It provides a framework for ensuring
timely and transparent handling of cases while protecting all parties involved in the criminal justice process
TRIALS OF SUMMONS CASES
Introduction to Summons Trials:
In the criminal justice system, a summons case refers to an offense that is punishable with a maximum
sentence of imprisonment for up to two years. These cases are generally less serious than those categorized as
warrant cases, which involve more severe offenses. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
which is a part of India’s evolving criminal procedural framework, has provisions specifically for handling
summons cases, outlining a simplified and more efficient procedure for such trials.
Trial Process for Summons Cases under BNSS:
1. Filing of Charges and Appearance (Sections 274-276):
o When the accused is summoned to court, the details of the offense are presented in the form of
an accusation (Section 274). At this point, the accused has the option to either plead guilty or
contest the charge. If the accused pleads guilty, a conviction can be entered (Section 275).
o For petty offenses, Section 276 allows the accused to plead guilty in absentia, transmitting their
plea and fine to the Magistrate, who may then convict them without the accused's presence in
court.
2. Trial Procedure (Section 277):
o If the accused denies the charge, the Magistrate will examine both the prosecution and defense,
hear witnesses if required, and assess the evidence. This process is designed to ensure fairness
and to allow the accused an opportunity to defend themselves.
o Section 277 specifies that if the Magistrate decides not to convict, they must ensure all
procedural steps, such as summoning witnesses and collecting necessary expenses, are followed
properly.
3. Outcome of Trial (Sections 278-279):
o After the trial, the Magistrate must either acquit or convict the accused. If no conviction occurs,
the accused may be acquitted (Section 278). If the complainant fails to appear, Section 279 gives
the Magistrate the discretion to acquit the accused unless the complainant is represented by a
pleader.
4. Withdrawal and Discontinuation (Sections 280-281):
o Section 280 allows for the withdrawal of a complaint before a final order is passed, leading to
the acquittal of the accused. The Magistrate may also discontinue proceedings under Section
281, which permits halting the trial for recorded reasons, potentially leading to an acquittal.
5. Conversion to Warrant Cases (Section 282):
o In cases where the Magistrate deems it necessary, a summons case may be converted into a
warrant case (Section 282), especially when the case demands a more formal procedure or
involves a more serious matter. This allows the case to proceed with greater scrutiny and with
the full range of legal protections available for warrant cases.
Conclusion:
Summons trials, under the BNSS, offer a more streamlined and efficient method for handling less serious
offenses. By allowing procedures like guilty pleas in absence, the possibility of withdrawing complaints, and
the discretion to discontinue or even convert cases, the system is designed to provide quicker resolutions while
still ensuring the accused's right to a fair trial. This reflects a balance between judicial efficiency and the
protection of individual rights, making the legal process more accessible and less burdensome for both the
accused and the judicial system.
POWER OF EXECUTIVE MAGISTRATE FOR REMOVAL OF PUBLIC NUISANCE
Introduction:
An Executive Magistrate holds significant powers to address public nuisances within their jurisdiction. These
powers are aimed at maintaining public order, preventing disturbances, and ensuring that any disruptions are
swiftly dealt with to avoid escalation.

1. Power to Issue Orders

for Prevention of Public Nuisance 5. Investigation and Action on Public
The Executive Magistrate can issue orders to Nuisance (Section 164-167)
prevent the continuation of public nuisances that The Magistrate can initiate inquiries into public
threaten public peace, helping to avoid escalating nuisances, resolving disputes and ensuring peace
conflicts. through orders based on the findings.

2. Urgent Orders in Case of Nuisance or 6. Preventive Detention and Arrest (Where

Apprehended Danger Necessary)
In urgent situations, the Magistrate can act swiftly The Magistrate can take preventive action,
to prevent harm or violence due to public nuisance, including detaining individuals causing
even before a full investigation. disturbances, to maintain public peace.

3. Magistrate’s Authority to Attach 7. Imposition of Costs for Public Nuisance

Property in Case of Dispute (Section 165) The Magistrate can impose costs on the responsible
The Magistrate can attach property involved in party for expenses incurred during the resolution of
disputes causing public nuisance, and appoint a the nuisance, such as for witnesses or legal fees.
receiver to manage it until the dispute is resolved.
8. Magistrate’s Discretion in Handling
4. Powers to Remove Obstructions in Case Property or Produce Involved in Nuisance
of Public Nuisance (Section 166) The Magistrate can order the custody or sale of
The Magistrate can order the removal of perishable goods or crops involved in the nuisance
obstructions, such as blocked roads or public to prevent further damage or disruption.
spaces, that disrupt public access or cause
disturbances.

Conclusion:
The powers granted to an Executive Magistrate for the removal of public nuisance are essential for maintaining
peace and public safety. Through actions like issuing orders, removing obstructions, and appointing receivers,
the Magistrate can effectively address disputes and prevent further disruptions.
OBJECT AND IMPORTANCE OF BNSS IN ADMINISTRATION OF CRIMINAL
JUSTICE SYSTEM
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) aims to replace the Criminal Procedure
Code, 1973 (CrPC), and it is designed to bring significant reforms to the criminal justice system in India. The
objectives and importance of the BNSS2 lie in enhancing efficiency, improving fairness, and aligning the
procedural laws with modern requirements.
Objectives of BNSS2 in the Administration of Criminal Justice System:
1. Modernizing Criminal Procedure: specimens like signatures, fingerprints, and
o The BNSS2 updates the outdated provisions of voice samples from accused individuals who
the CrPC to adapt to current realities, including have not been arrested. This aims to ensure that
advancements in technology, forensic science, individuals' rights are safeguarded while also
and the need for streamlined processes. It facilitating the investigation.
introduces provisions for electronic trials and 5. Improving Bail and Custody Procedures:
digital evidence, reflecting modern o The BNSS2 restricts certain bail provisions
investigative practices. and introduces stricter conditions, especially in
2. Strengthening Forensic Investigations: cases involving multiple charges. While this
o The mandate for forensic investigations in can help ensure that individuals involved in
cases punishable with significant jail time serious criminal activities are kept in custody, it
(seven years or more) aims to improve the also raises concerns about the denial of bail
accuracy and reliability of evidence in criminal for certain undertrials. The law attempts to
cases. By ensuring that forensic experts are strike a balance between deterring crime and
involved at the crime scene and during the respecting personal liberty.
investigation, the law seeks to improve the 6. Streamlining Custodial and Police Powers:
quality of investigations and strengthen the o The law clarifies the process for police custody
judicial process. and the use of handcuffs, as well as addressing
3. Efficient and Timely Trials: concerns about the excessive use of police
o The BNSS2 establishes timelines for various powers. While the use of handcuffs has been
stages of the judicial process, such as the expanded, the law also addresses the Supreme
submission of medical reports, framing of Court's guidelines on limiting their use to
charges, and delivery of judgments. This is extreme cases.
aimed at reducing delays in the justice system, 7. Addressing Case Backlog and Undertrial
which has been a long-standing concern in Issues:
India. o The emphasis on timely trial procedures and
4. Enhancing the Rights of the Accused: limiting detention before conviction is intended
o The law attempts to balance the rights of the to address the issue of overcrowded prisons
accused with the needs of justice. For example, and the high number of undertrials in India,
it introduces provisions for the collection of many of whom are incarcerated for prolonged
periods without trial.

Importance of BNSS2 in the Criminal Justice System:

1. Improved Administration of Justice: 3. Raising Standards of Criminal Investigations:
o By incorporating clearer and more o By mandating forensic expertise at crime
structured processes for investigations, scenes, the law raises the quality of
arrests, trials, and bail, the BNSS2 is expected investigations, reducing reliance on outdated
to streamline the administration of criminal or less reliable methods. It is expected that the
justice in India. The law's focus on timelines increased use of forensic evidence will
aims to speed up the process and prevent improve the accuracy of trials and reduce
indefinite delays. wrongful convictions.
2. Addressing Technological Challenges: 4. Promotion of Public Trust and Transparency:
o As crime becomes increasingly digital, the o The electronic mode of trials and digital
BNSS2 incorporates provisions for the use evidence collection improve transparency in
of electronic communication in the legal process, potentially boosting public
investigations and trials, ensuring that the confidence in the system. It also allows for
criminal justice system can adapt to easier monitoring of the justice process by
technological advancements and tackle stakeholders.
cybercrime more effectively.
5. Balancing Accountability and Rights: 6. Reducing Pressure on Prisons:
o The BNSS2 seeks to strike a balance o By introducing clear rules regarding bail and
between state interests and individual custody, and by promoting plea bargaining,
rights. While it enhances the powers of law the BNSS2 aims to address the overcrowding
enforcement to investigate and prosecute of prisons—a critical issue that contributes to
crimes more effectively, it also emphasizes human rights concerns in India.
safeguarding the rights of accused 7. Enhanced Procedural Clarity:
individuals—a balance that is essential in a o The law brings clarity to procedural issues,
democratic society. such as custody and bail conditions, and
provides guidelines on maintaining public
order. This helps in creating a more
predictable and uniform criminal justice
process across India.

Conclusion:
The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) aims to modernize and enhance the
efficiency and fairness of India's criminal justice system. By addressing technological advancements,
streamlining procedures, ensuring forensic investigations, and balancing the rights of the accused, the BNSS2
seeks to provide a more transparent, effective, and equitable system. However, its implementation requires
careful monitoring to ensure that its provisions do not inadvertently lead to abuses of power or infringe on
individual rights.