BNSS NOTES

APPEALS :
Appeals-Sections 413 to 435 The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines
detailed provisions related to appeals in criminal cases under Sections 413 to 435. These
sections provide the legal framework for challenging judgments and orders passed by lower
courts and ensure that parties have access to justice through higher courts. The appeal process
is a crucial component of the criminal justice system as it allows for the correction of errors,
oversight of legal proceedings, and protection of the rights of individuals.

1. Section 413: Appeals Against Acquittals ( This section provides for appeals against
acquittal orders passed by subordinate courts. )
Key Points:
● The State Government, through the Public Prosecutor, may appeal against an order of
acquittal passed by any court.
● An appeal against an acquittal can only be made with the leave (permission) of the
High Court.
● The High Court, upon granting leave, can review the evidence and legal reasoning
leading to the acquittal.

2. Section 414: Appeals Against Conviction and Sentences (This section provides for appeals
against convictions and sentences passed by courts. )
Key Points:
● A person convicted of an offense can appeal against both the conviction and the
sentence imposed by the trial court.
● Appeals must generally be made to the next higher court (e.g., from a Magistrate’s
court to a Sessions court or from a Sessions court to the High Court).
● The appellate court has the authority to uphold, modify, or reverse the conviction or
sentence.

3. Section 415: Appeals Against Orders of Discharge (This section allows the prosecution to
appeal against orders of discharge, where the court finds that there is not enough evidence to
proceed to trial.)
Key Points:
● If a person is discharged by a Magistrate before the trial begins, the prosecution can
appeal against such a decision.
● The appeal is typically made to the Sessions Court or the High Court, depending on
the jurisdiction.
● The appellate court can review the reasoning behind the discharge and, if appropriate,
order that the accused be tried.
4. Section 416: Appeals in Cases of Lesser Sentences (This section allows appeals in cases
where the convicted person feels that the sentence imposed is either too harsh or, in some
cases, too lenient. )
Key Points:
● The convicted individual may appeal if they believe that the sentence imposed is
excessively severe.
● The prosecution may also appeal if it believes that the sentence is too lenient in light
of the seriousness of the offense.
● The appellate court has the power to enhance or reduce the sentence based on the
merits of the case.

5. Section 417: Procedure for Filing Appeals (This section outlines the procedure for filing
appeals in criminal cases.)
Key Points:
● An appeal must be filed within a specific time frame (typically 30 to 90 days from the
date of judgment or order).
● The appeal must be filed with the appropriate appellate court, along with the relevant
documents such as copies of the judgment, evidence, and grounds of appeal.
● The court may allow a delay in filing the appeal if sufficient reason (such as illness or
lack of knowledge about the judgment) is provided.

6. Section 418: Appellate Powers of the High Court ( This section defines the powers of the
High Court when it is hearing an appeal. )
Key Points:
● The High Court, as an appellate court, has the power to affirm, modify, or reverse the
judgment of the lower court.
● The High Court can review both the factual evidence and the legal principles applied
in the case.
● The High Court can also order a retrial or remand the case to the lower court if it finds
that the trial was conducted improperly.

7. Section 419: Appeals Against Sentences of Death (This section provides for automatic
appeals against death sentences, ensuring additional scrutiny before the sentence can be
executed. )
Key Points:
● Any death sentence imposed by a lower court must be automatically appealed to the
High Court for confirmation.
● The High Court must review the entire case, including the evidence, legal reasoning,
and sentencing.
● The High Court may confirm the death sentence, commute it to a lesser punishment
(such as life imprisonment), or reverse the conviction altogether.
8. Section 420: Appeals in Cases of Acquittal in Heinous Crimes (This section allows for
appeals in cases of acquittal where the crime involved is particularly heinous (serious and
morally repugnant), such as murder, terrorism, or sexual assault.)
Key Points:
● The State Government, through the Public Prosecutor, may appeal to the High Court
against an acquittal in cases involving serious crimes.
● The High Court can review the evidence and the legal reasoning behind the acquittal
and may reverse the decision if it finds errors.

9. Section 421: Appellate Court’s Power to Review Evidence (This section grants appellate
courts the power to review evidence presented in the trial court during an appeal.)
Key Points:
● The appellate court may re-examine witnesses, review documents, and hear additional
evidence if necessary to reach a just decision.
● The court is not bound by the findings of the trial court and may draw its own
conclusions based on the evidence.

10. Section 422: Dismissal of Frivolous Appeals (This section allows the appellate court to
dismiss appeals that it finds to be frivolous or lacking in merit.)
Key Points:
● The appellate court may dismiss an appeal at an early stage if it finds that the appeal
is without substance or is filed with the intent to delay proceedings.
● In such cases, the court will provide brief reasons for the dismissal.

11. Section 423: Procedure for Deciding Appeals (This section outlines the procedure that
appellate courts must follow when deciding appeals. )
Key Points:
● The appellate court must provide the parties with an opportunity to present their
arguments and evidence.
● The court may summon witnesses, call for additional evidence, and allow legal
arguments before making its decision.
● The court must provide a reasoned judgment explaining the basis for its decision.

12. Section 424: Execution of Sentence During Appeal (This section addresses whether a
sentence can be executed while an appeal is pending. )
Key Points:
● Generally, if an appeal is filed, the execution of the sentence (especially in cases
involving imprisonment or fines) is stayed (paused) until the appeal is decided.
● The appellate court, however, may order that certain sentences be carried out even
during the appeal process if it deems necessary.
13. Section 425: Appeal by the Prosecution (This section allows the prosecution to file an
appeal in cases where it believes that the sentence or acquittal was improper. )
Key Points:
● The prosecution may appeal to a higher court if it believes that a lighter sentence was
imposed in a serious crime or if an acquittal was not justified by the evidence.
● The appeal must be based on legal grounds, such as a mistake in the application of
law or the evaluation of evidence.

14. Sections 426 to 435: Miscellaneous Provisions on Appeals (These sections contain
various miscellaneous provisions that deal with technical and procedural aspects of the appeal
process, such as time limits, grounds for appeals, and handling of specific cases (e.g., appeals
in juvenile cases). )
Key Points:
● They address time limits for filing appeals, procedural rules, and exceptions in
specific circumstances.
● They also provide guidance on how appeals should be handled in cases involving
juveniles, mentally unsound persons, or public order offenses.

ARREST : Section 35 to 62
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the previous Code of
Criminal Procedure (CrPC), 1973, consolidates the legal framework related to the arrest of
persons in India. Sections 35 to 62 of the BNSS comprehensively deal with various
provisions governing the arrest of individuals, ensuring that it is done lawfully and in
accordance with due process.
Arresting an individual is one of the most significant actions a law enforcement officer can
take, as it directly impacts an individual's personal liberty (freedom). The BNSS, like the
CrPC, establishes guidelines to ensure that the power to arrest is not misused and that the
arrested person's fundamental rights are protected.
The provisions from Sections 35 to 62 cover who can make arrests, the procedure for making
arrests, the rights of the arrested person, and safeguards against unlawful arrest. Key
Provisions on the Arrest of Persons under the BNSS (Sections 35 to 62) These sections cover
various aspects related to arrest, including the authority to make arrests, arrest procedures,
safeguards for the accused, and post-arrest procedures like bail. Below is a detailed
breakdown of each major aspect covered in Sections 35 to 62 of the BNSS.

1. Authority to Arrest (Section 35 to 38)

● Section 35: This section outlines that a police officer can arrest an individual without
a warrant in certain cases, such as when the individual is involved in a cognizable
offence (offence for which the police can arrest without a warrant, e.g., murder,
robbery). Police officers must ensure they follow the prescribed procedures and not
misuse this power. Additionally, the arrest must be based on a reasonable suspicion or
information that the individual has committed a cognizable offence.
 ● Section 36: A Magistrate has the authority to arrest or order the arrest of an individual
who has committed an offence in the Magistrate's presence or when they receive
credible information about the commission of an offence.
● Section 37: This section allows private citizens to arrest an individual if the person
being arrested commits a non-bailable and cognizable offence in their presence. The
private person must then hand over the arrested individual to the nearest police station
as soon as possible. For example, if someone sees another person committing a
murder or robbery, they can intervene to arrest the offender.
● Section 38: The armed forces of the country are also empowered to arrest individuals
in specific circumstances, such as during riots, disturbances, or in areas under martial
law. However, these powers are generally regulated by separate laws that apply to the
armed forces.

2. Procedure for Arrest (Sections 39 to 42)

● Section 39: This section outlines the manner of making an arrest. It specifies that
while arresting a person, the police officer or individual must physically touch or
confine the body of the person being arrested to indicate they are under arrest.
However, if the individual submits to custody voluntarily, no physical touch is
necessary. The section further states that the officer making the arrest must also
clearly inform the person that they are being arrested and the grounds for the arrest,
ensuring the individual's right to know the reason for their arrest.
● Section 40: This section provides that a person arrested should not be subjected to
more restraint than is necessary to prevent escape. The degree of force or restraint
used during an arrest should be proportional to the situation, ensuring that the arrested
person’s dignity is not compromised unnecessarily.
● Section 41: Section 41 empowers the police officer making the arrest to search the
arrested person if they believe the individual might be carrying weapons, tools of
escape, or evidence related to the crime. Any illegal articles or evidence found during
the search may be seized and submitted to the court.
● Section 42: If an arrested individual refuses to provide their name or address, or
provides false information, the police officer may detain the individual until they can
verify their identity. If the person's true identity is verified, and they are not involved
in any criminal activities, they should be released.

3. Rights of Arrested Persons (Sections 43 to 49)

The BNSS, in line with constitutional principles, guarantees the rights of arrested individuals,
ensuring that their fundamental rights are protected, and the arrest is carried out lawfully.

● Section 43: Right to be Informed of Grounds of Arrest As per this section, every
person arrested has the right to be informed of the reasons for their arrest. This is in
accordance with Article 22(1) of the Indian Constitution, which mandates that the
arrested person must be informed of the grounds of arrest and be allowed to consult
with a lawyer.
 ● Section 44: Right to Bail This section discusses the right to bail for individuals
arrested for bailable offences. If the offence is bailable, the person arrested has the
right to secure their release by furnishing bail. In the case of non-bailable offences,
the person must approach a court to apply for bail, which may be granted at the
discretion of the court, depending on the seriousness of the offence.
● Section 45: Right to Consult a Legal Practitioner Every person arrested has the right
to consult with a legal practitioner of their choice. This provision ensures that the
accused has access to legal advice and representation, which is crucial for a fair trial.
● Section 46: Production Before Magistrate As per this section, the arrested person must
be produced before a Magistrate within 24 hours of the arrest. This ensures that no
person is detained arbitrarily and that the legality of their detention is reviewed by a
judicial authority.
● Section 47: Medical Examination of the Arrested Person In cases where the person
arrested is injured or claims to have been assaulted, they have the right to a medical
examination. This ensures that there is a record of the individual's physical condition
at the time of arrest, which can be important if allegations of police brutality or
unlawful treatment arise.
● Section 48: Protection from Harassment This section provides protection from
harassment during arrest. The police or arresting authority must treat the arrested
individual humanely and ensure their safety and dignity. Harassment or torture of the
arrested person is strictly prohibited under the law.

4. Preventive Arrest and Detention (Sections 50 to 54)

These sections deal with cases where arrests are made to prevent the commission of a crime
or to ensure that public order is maintained.
● Section 50: In cases where law enforcement officials believe that an individual is
likely to commit a crime or pose a threat to public order, they can arrest the individual
under preventive detention laws. This type of arrest is preventive, rather than punitive,
and is meant to protect society from imminent harm.
● Section 51: In cases involving threats to national security or public safety, preventive
detention may be used to ensure that individuals who pose a serious risk to the
country’s security are restrained before they can cause harm.

5. Special Provisions for Arrest (Sections 55 to 62)

● Section 55: Arrest of Women Section 55 provides special safeguards for the arrest of
women. It mandates that women should not be arrested between sunset and sunrise,
except in exceptional circumstances where a female police officer must be present
during the arrest. This section is designed to protect the dignity and privacy of women
during arrests.
● Section 56: Arrest of Minors This section covers the arrest of minors and mandates
that children in conflict with the law should be treated in accordance with the Juvenile
Justice (Care and Protection of Children) Act, 2015. Minors should not be arrested
like adult offenders and must be handled by special juvenile police units.
 ● Section 57: Arrest of Persons with Disabilities The BNSS also makes special
provisions for the arrest of individuals with disabilities. Law enforcement officers
must ensure that the dignity of persons with disabilities is respected, and they must
take steps to accommodate the individual's needs during arrest and detention.
● Section 58: Arrest in Non-Cognizable Offences In cases of non-cognizable offences
(offences where the police require a warrant to arrest), this section outlines the
procedures that police officers must follow. The arrest can only be made based on a
warrant issued by a Magistrate.
● Section 59: Arrest in Cognizable Offences For cognizable offences (where police can
arrest without a warrant), this section confirms the procedure to be followed, ensuring
that the arrest is justified and based on credible information or reasonable suspicion of
the individual's involvement in the offence.
● Section 60: Arrest of Foreign Nationals This section covers the arrest of foreign
nationals. When a foreign national is arrested, the police must notify the individual's
consular office or embassy in accordance with international treaties and protocols.
● Section 61: Arrest of Public Servants Public servants can be arrested, but there are
special protocols in place for them. For instance, officers of a certain rank require
approval from their higher authorities before they can be arrested.
● Section 62: Arrest in Special Jurisdictions This section governs arrests made in areas
with special jurisdictions, such as tribal areas or autonomous regions, ensuring that
local laws and customs are respected during the arrest process.

BAIL AND BONDS :

The provisions relating to bail, as enshrined under the Bharatiya Nagarik Suraksha Sanhita,
2023 (BNSS), are significant in balancing individual liberty with the interests of justice. Bail
is the legal mechanism that ensures the temporary release of an accused person from custody,
with guarantees to secure their presence during the trial or investigation. The concept of bail
aligns with the constitutional guarantee under Article 21 of the Indian Constitution, which
ensures the right to life and personal liberty. The BNSS prescribes detailed conditions under
which bail can be granted for bailable and non-bailable offences, the powers of courts and
officers, and the obligations of sureties. These provisions aim to prevent the unwarranted
detention of individuals, especially those presumed innocent until proven guilty, while also
safeguarding societal interests and ensuring the accused’s compliance with legal proceedings.

1. Bail in Bailable Offences (Section 478):

● General Rule: A person arrested or detained for a bailable offence can be released on
bail by the officer in charge of a police station or the court.
● Indigent Persons: If the person is unable to provide sureties due to indigence, the
officer or court may release them on a personal bond.
● Presumption of Indigence: If bail is not furnished within a week of arrest, the
court/officer shall presume indigence.
2. Maximum Detention Period for Undertrial Prisoners (Section 479):

● Mandatory Release:
○ If detained for half the maximum punishment period of the offence during the
trial/investigation, bail becomes mandatory.
○ For first-time offenders, bail is granted after serving one-third of the maximum
period of imprisonment.
● Exceptions: Court may extend detention beyond these periods by recording reasons.
However, no detention can exceed the maximum punishment for the offence.
● Superintendent’s Duty: Jail authorities must notify the court when an undertrial
qualifies for bail under this section.

3. Bail in Non-Bailable Offences (Section 480):

● General Discretion: Bail may be granted unless the offence is punishable with death
or life imprisonment, or the accused has a history of serious crimes.
● Special Circumstances:
○ Bail may be granted to women, children, or those who are sick or infirm even
in serious cases.
○ Special reasons may also justify bail despite a criminal history.
● Conditions for Bail:
○ Accused must comply with court appearances and avoid tampering with
evidence or influencing witnesses.
● Mandatory Hearing for Public Prosecutor: For offences punishable by death, life
imprisonment, or seven or more years, the Public Prosecutor must be heard before
bail is granted.

4. Anticipatory Bail (Section 482):

● Application: A person fearing arrest for a non-bailable offence can apply to the High
Court or Court of Session.
● Conditions Imposed: The court may impose restrictions such as:
○ Availability for police interrogation.
○ Prohibition on leaving the country without permission.
○ Avoidance of inducements, threats, or tampering with evidence.
● Non-Applicability: Anticipatory bail is not available for offences under Sections 65
and 70(2) of the Bharatiya Nyaya Sanhita, 2023.

5. Special Powers of High Courts or Sessions Courts (Section 483):

● These courts can grant or modify bail conditions, especially for serious offences
triable by the Court of Session.
● Notice to Public Prosecutor: In certain cases, notice must be served to the Public
Prosecutor before bail is granted.
 ● Arrest after Bail: Courts retain the authority to order the arrest of a person already
released on bail if necessary.

6. Additional Provisions:

● Bond and Sureties (Sections 484–485): The amount of bail must be reasonable and
bonds must be executed with sufficient sureties.
● Discharge from Custody (Section 487): Upon executing the bond, the accused shall
be released unless detained in another case.
● Insufficient Sureties (Section 488): Courts can demand additional sureties if existing
ones are insufficient.
● Discharge of Sureties (Section 489): Sureties can apply to the Magistrate to be
discharged from liability.

Conclusion

The provisions on bail under the Bharatiya Nagarik Suraksha Sanhita, 2023, reflect a
progressive and comprehensive legal framework that upholds the fundamental rights of
individuals while balancing the need for public safety and justice. The categorization of
bailable and non-bailable offences, the consideration of the accused’s circumstances (such as
indigence, gender, and health), and the imposition of conditions on the grant of bail are
designed to promote fairness in the criminal justice system. Moreover, the inclusion of
safeguards, such as mandatory notice to the Public Prosecutor for serious offences, ensures
that the interests of the state are not compromised.

Landmark rulings like Sanjay Chandra v. CBI [(2012) 1 SCC 40] reinforce that bail
provisions should prevent the unnecessary incarceration of individuals, particularly during
prolonged trials. Similarly, in Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273], the
Supreme Court laid down guidelines to prevent the arbitrary denial of bail, particularly in
cases involving minor offences.

Thus, the legislative and judicial efforts converge to ensure that the grant or refusal of bail
remains a fair, transparent, and judicious process, affirming the constitutional ideals of
justice, liberty, and dignity.

CHARGE :

A charge is a formal written accusation specifying the offense an individual is alleged to have
committed. It acts as the first notice to the accused, providing clarity and precision regarding
the prosecution's case. The primary purpose of a charge is to ensure that the accused
understands the allegations, enabling them to prepare an adequate defense.

Definition of Charge
Although the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) does not explicitly define
"charge," Section 2(f) clarifies that "charge includes any head of charge when the charge
contains more heads than one." This inclusive definition implies that if multiple offenses arise
from a single act, each offense constitutes a head of charge, collectively referred to as a
charge.

Essential Characteristics of a Charge

● Concrete Nature: A charge is not an abstract accusation but a specific and clear
statement of the offense alleged.
● Clarity and Certainty: It must provide the accused with precise details, including the
nature, time, and place of the alleged offense.
● Legal Reference: It must cite the relevant law and section under which the offense is
framed.

Provisions Governing Charges

Contents of a Charge (Section 234)

● A charge must state the specific offense with which the accused is charged.
● If the offense has a designated name under the law, the charge may use that name.
● If no specific name exists, the charge must include sufficient details to notify the
accused of the allegations.
● The section and provision of law applicable to the offense must be mentioned.
● Charges must be written in the language of the court.
● If enhanced punishment is sought based on prior convictions, these details must be
included, and amendments are allowed before sentencing if initially omitted.

Errors in Charges (Section 238)

Minor errors or omissions in stating the offense or its particulars are immaterial unless they
mislead the accused or result in a failure of justice.

Alteration of Charges (Section 239)

● Courts may alter or add charges at any stage before judgment.

● Altered or added charges must be read and explained to the accused.
● If an alteration prejudices the accused or prosecutor, the court may order a new trial or
adjourn proceedings.

Joinder of Charges (Sections 241–243)

● Each distinct offense requires a separate charge (Section 241).

● If a person commits three offenses of the same kind within 12 months, they can be
tried together (Section 242).
 ● Offenses forming part of the same transaction or intrinsically connected may also be
charged together (Section 243).

Withdrawal of Charges (Section 247)

When multiple charges are framed against the same person, the court may allow the
withdrawal of remaining charges after conviction on one, treating the withdrawal as acquittal
unless the conviction is set aside.

Different Types of Cases for Charge

It is generally necessary to be charged in three types of cases under the BNSS, 2023:

1. Session Cases (Section 251): Charges are framed in session cases, which involve
serious offenses.
2. Warrant Cases Based on Police Reports (Section 263): These are warrant cases
initiated by the magistrate based on the police reports.
3. Warrant Cases Based on Personal Complaints: In such cases, charges are framed
based on a personal complaint made before the magistrate.
4. Summons and Summary Trials: Instead of a charge, a plea is made in summons and
summary trials.

Key Judicial Precedent

In Ranchhod Lal v. State of Madhya Pradesh (AIR 1965 SC 1248), the Supreme Court held
that failure to include precise particulars due to the nature of information may not invalidate
proceedings, provided the accused is not misled or prejudiced.

Conclusion

It is the duty of the court to ensure that the accused is fully informed of the charges made
against them, so that they are in a position to prepare an adequate defense. The charge should
be clear, precise, and easily understandable, without any ambiguity. The courts must exercise
caution while framing charges to prevent any prejudice to the accused. The charge should not
defeat the fundamental principles of natural justice, ensuring that the accused is provided
with a fair opportunity to contest the allegations and safeguard their rights during the trial
process.

COMPLAINT :

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines a clear and structured
procedure for the filing and handling of private complaints. Sections 223 to 226 of the BNSS
specifically address the steps and procedural safeguards involved, ensuring that complaints
are properly examined and evaluated before any legal action is taken. These provisions aim to
balance the interests of both the complainant and the accused, ensuring justice is served while
protecting the rights of all parties involved. This article elaborates on the key sections related
to the filing of private complaints, highlighting the procedures, judicial discretion, and the
safeguards in place to maintain the integrity of the legal process.

The procedure for filing a private complaint under the BNSS is designed to protect the rights
of both the complainant and the accused. The following sections provide a detailed
framework for the filing and handling of private complaints.

Section 223: Examination of Complainant

Provision and Procedure

Section 223 mandates that, upon receiving a complaint, the magistrate must examine the
complainant and any witnesses present. This examination is conducted under oath, and the
substance of their statements is documented and signed by the complainant, witnesses, and
the magistrate. The objective is to create a formal record of the complainant’s and witnesses'
testimonies, which will serve as a basis for determining whether further legal action is
warranted.

Exceptions
In certain situations, the magistrate is not required to examine the complainant. This includes
cases where the complaint is made by a public servant or a court. The rationale behind this
exception is that the integrity and credibility of such complaints are presumed due to the
authority of the complainant (e.g., public officials or judicial officers), thus eliminating the
need for an examination at this stage.

Case Law
In K.K. Verma v. Union of India (AIR 1954 SC 520), the Supreme Court observed that the
examination of the complainant and witnesses is a procedural safeguard to ensure that the
allegations are sufficiently supported before formal charges are laid. The court held that the
magistrate must ensure the statements are authentic and legally sufficient to proceed.

Section 224: Procedure by Incompetent Magistrates

Provision and Procedure

Section 224 deals with the scenario where a complaint is made to a magistrate who does not
have the jurisdiction to take cognizance of the offense. In such cases, the magistrate is
obligated to return the complaint and direct the complainant to present it to the appropriate
court or magistrate who possesses the requisite authority. This provision ensures that
complaints are dealt with by a competent magistrate, thus protecting the rights of both the
complainant and the accused.

Case Law
In Shiv Kumar v. State of Delhi (AIR 1999 SC 2411), the Supreme Court held that when a
complaint is made to a magistrate who lacks jurisdiction, the complaint should be returned
for presentation to the appropriate court. The court emphasized that jurisdictional issues must
be resolved at the earliest to avoid unnecessary delays and procedural complications.

Section 225: Postponement of Issue of Process

Provision and Procedure

Section 225 allows the magistrate to postpone the issue of process against the accused after
receiving the complaint. The magistrate can either personally inquire into the case or direct a
police investigation to assess whether there are sufficient grounds for proceeding with the
case. This step is critical to ensure that frivolous or baseless complaints do not proceed to
trial, which helps to protect the accused from unnecessary legal proceedings.

This provision is aimed at maintaining judicial efficiency and safeguarding the accused from
being harassed by unsubstantiated allegations. If, after the inquiry or investigation, the
magistrate finds no sufficient grounds for proceeding, they may choose to dismiss the
complaint.

Case Law
In Bhanwar Singh v. State of Rajasthan (2000 Cr.L.J. 1533), the Rajasthan High Court
observed that the magistrate has the discretion to postpone issuing process if they believe
further inquiry is needed. This discretion must be exercised judiciously to prevent abuse of
the process of law and to ensure that only cases with genuine merit are allowed to proceed.

Section 226: Dismissal of Complaint

Provision and Procedure

Under Section 226, after considering the statements of the complainant and witnesses, and
the findings from any inquiry or investigation, the magistrate has the authority to dismiss the
complaint if there are insufficient grounds to proceed. The reasons for dismissal must be
recorded briefly but clearly, ensuring that the decision is transparent and justifiable.

The purpose of this section is to safeguard against the misuse of the legal system by allowing
magistrates to dismiss complaints that do not have sufficient legal merit. This provision is a
safeguard to prevent frivolous or malicious cases from proceeding, thereby ensuring that the
legal system is not burdened with unjust claims.

Case Law
In State of Karnataka v. Puttaraja (1999 Cr.L.J. 1218), the Karnataka High Court held that a
magistrate can dismiss a complaint if, upon investigation, there is no prima facie case to
proceed. The court emphasized that the magistrate's decision should be based on a thorough
evaluation of the complaint and the supporting evidence.

Conclusion

The provisions under Sections 223 to 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
provide a structured framework for handling private complaints, ensuring that both
complainants and accused parties are treated fairly. These provisions help maintain the
integrity of the judicial process by ensuring that complaints are examined and investigated
before being taken to trial, preventing the misuse of the legal system for trivial or malicious
claims.

Courts are required to act with due diligence, ensuring that only legitimate complaints are
pursued while safeguarding the rights of the accused against frivolous or unjust allegations.
The procedural safeguards, such as the examination of the complainant, the assessment of the
competence of the magistrate, and the dismissal of baseless complaints, protect both the
interests of the public and the accused in the administration of justice.

FIR : SECTION 173 BNSS

What is an FIR? Sec. 173 BNSS (CrPC 154)

FIR is a report of information that reaches the police first, and that is why it is called the
First Information Report. So as per Sec. 173 of Bharatiya Nagarik Suraksha Sanhita 2023,
FIR is any information relating to the commission of the cognizable offence given to a police
officer

Here are some key points to note regarding FIRs:-

1. It is a written document prepared by the police when they receive information about
the commission of a cognizable offence.

2. It is generally a complaint lodged with the police by the victim of a cognizable offence or
by someone on his/her behalf.

3. Anyone can report the commission of a cognizable offence either orally or in writing to
the police. Even a telephonic message can be treated as an FIR.

In order to qualify as an FIR under Sec. 173 BNSS/Sec 154 CrPC, the following
essentials need to be fulfilled:

● It is an information relating to the commission of a cognizable offence;

● It is given by the informant either orally or in writing;
● If given orally, it should be reduced to writing by the officer in charge of a police
station or under his direction and if given in writing or reduced to writing shall be
signed by the person giving it;
● The substance of the information shall be entered in a book in such form as the State
Government may prescribe on this behalf. This book is called 'General Diary'.
 ● And then must be written down & signed by the informant, and its key points should
be recorded in a daily diary;
● At last copy of the FIR will be provided to the informant. And then FIR is registered.

Proviso of Sec. 173 of BNSS

So sec. 173 of BNSS has 2 Provisos for specific situations:

1. For Women Victims: If the information relates to offences against women under certain
sections of the Bharatiya Nyaya Sanhita, 2023, (like stalking, rape, etc.) the recording must
be done by a woman police officer or any woman officer. This ensures sensitivity and
support for female victims.

2. For persons with disabilities: The information must be recorded at their residence or
another convenient location, with an interpreter or special educator present if needed.
The recording should be videographed for accuracy, and the statement must be recorded by a
Judicial Magistrate as soon as possible for official documentation.

Lalita Kumari v. the State of U.P.

In this case, Lalita Kumari, a minor, filed a writ petition under Article 32 of the Indian
Constitution through her father, Shri Bhola Kamat, seeking a Writ of Habeas Corpus to
protect his kidnapped daughter. The petitioner's grievance was that, on May 11, 2008, he
submitted a written report to the officer in charge of the police station, but no action was
taken. The FIR was only registered after the Superintendent of Police was transferred. The
complainant claimed that no steps were taken to either prosecute the kidnapper or rescue the
minor child.

In the judgement of Lalita Kumari v. Govt. of U.P (W.P.(Crl) No; 68/2008), the Supreme
Court provided important guidelines on the registration of FIRs

Supreme Court's Guidelines for FIR Registration:

1. Mandatory Registration: If the information indicates a cognizable offence, the

police must register an FIR immediately under Sec 154 of CrPC. No preliminary
inquiry is allowed in such cases.
2. Preliminary Inquiry: If the information does not clearly indicate a cognizable
offence but suggests the need for further investigation, a preliminary inquiry can be
conducted. This is to determine whether a cognizable offence is involved.
3. Outcome of Inquiry: If the preliminary inquiry finds that a cognizable offence has
occurred, an FIR must be registered. If the inquiry leads to closing the case, the
informant must receive a copy of this decision within one week, including a brief
explanation for the closure.
4. Duty of Police: Police officers must register an FIR when a cognizable offence is
apparent. Officers who fail to do so should face disciplinary action.
 5. Scope of Preliminary Inquiry: The purpose of a preliminary inquiry is to verify if
the information discloses a cognizable offence, not to determine its truthfulness.
6. Types of Cases for Inquiry: Preliminary inquiries may be appropriate in cases such
as matrimonial disputes, commercial crimes, medical negligence, corruption, or
significant delays in reporting. This list is illustrative, not exhaustive.
7. Time Frame: Preliminary inquiries should be completed within 14 days. Any delays
must be recorded in the General Diary.
8. General Diary: All information about cognizable offenses, whether resulting in an
FIR or leading to an inquiry, must be meticulously documented in the General Diary.
The decision to conduct a preliminary inquiry should also be recorded.

What if the police refuse to register an FIR?

1. If a police officer refuse file an FIR, the aggrieved person can send the complaint to
the Superintendent of Police(SP)/Deputy Commissioner Police (DCP) (S.173(4)
of BNSS/ S. 154(3) CrPC). If the SP/DCP is satisfied that such information discloses
the commission of a cognizable offence, they will either investigate the case, or direct
an investigation by a subordinate police officer.
2. If the FIR is still not registered, the aggrieved persons can file a complaint before a
Magistrate (S. 175(3) BNSS/ S. 156(3) CrPC). If the Court is satisfied that a
commission of cognizable offence happened, it will order the police to register the
FIR and start an investigation.

What is Zero-FIR?
A zero-FIR is an important provision that allows anyone to report a crime at any police
station, irrespective of where the incident occurred. Here's how it works:

Report Anywhere: A Zero-FIR can be lodged at any police station, and they must then
transfer the documents to the police station with jurisdiction over the crime scene.

Investigation Begins: Once transferred, the jurisdictional police station will number the FIR
and start the investigation.

Conclusion
In wrapping up, knowing about Zero-FIR, E-FIR, and preliminary enquiries under the
Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) is really important for everyone. These are
new rules that make it easier to report crimes and get help from the police quickly, no matter
where something happened or how you tell them about it.

Zero-FIR makes sure that every complaint about serious crimes gets recorded and looked
into, no matter where it happened. E-FIR is a faster and less stressful way to get help.

So, understanding these new provisions helps us all be safer and know our rights better. By
knowing how to use them, we can make sure justice is fair and accessible for everyone.
EXAMINATION OF WITNESS :

Introduction

Chapter 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines the provisions
concerning the examination of witnesses during inquiries, trials, or other proceedings. This
chapter serves as a vital procedural framework to ensure that evidence is obtained efficiently
and justly, while addressing circumstances where the physical presence of witnesses may not
be feasible. It provides mechanisms to mitigate delays, reduce inconvenience, and maintain
procedural fairness in criminal proceedings.

Analysis of Provisions

1. Examination of Witnesses Through Commissions (Sections 319–324)

● Section 319 empowers the Court or Magistrate to issue commissions for witness
examination when their attendance cannot be secured without unreasonable delay,
expense, or inconvenience. The mandatory provision for issuing commissions in cases
involving high-ranking officials such as the President or Governor ensures adherence
to protocol.
● Section 320 specifies the appropriate authority to whom the commission is issued,
whether within India or internationally, facilitating cross-border judicial cooperation.
● Section 321 prescribes the method of executing commissions, requiring the Chief
Judicial Magistrate or a designated officer to record evidence akin to trials in warrant
cases.
● Section 322 permits parties to submit interrogatories and ensures the right to
cross-examination, maintaining the adversarial nature of criminal proceedings.
● Section 323 mandates the return of executed commissions and permits the deposition
to be read in evidence, subject to the requirements of the Bharatiya Sakshya
Adhiniyam, 2023.

Case Law:
In State of Maharashtra v. Dr. Praful B. Desai (2003), the Supreme Court upheld the validity
of video-conferencing for recording evidence, emphasizing procedural adaptability to
technological advancements.

2. Special Provisions for Expert Evidence (Sections 326–329)

● Section 326 facilitates the admissibility of depositions from medical witnesses, even in
their absence, ensuring that crucial medical evidence is not excluded due to logistical
challenges.
● Section 329 allows the use of expert reports from specified government agencies,
thereby expediting trials. The section also permits responsible officers to represent
experts if the latter cannot appear personally.
Case Law:
In Hannah v. Larche (1960), it was held that expert evidence is critical in complex cases, and
procedural laws should prioritize its inclusion where appropriate.

3. Affidavits and Documentary Evidence (Sections 330–333)

● Section 330 simplifies proof by allowing undisputed documents to be read in evidence

without formal authentication.
● Section 331 allows affidavits to substantiate allegations against public servants,
streamlining evidence submission.
● Section 333 prescribes authorities before whom affidavits can be sworn and
emphasizes the exclusion of irrelevant or scandalous material.

Case Law:
In P.C. Purushothama Reddiar v. S. Perumal (1972), the Supreme Court recognized the
admissibility of documentary evidence provided it met the requirements under procedural
law.

4. Admissibility of Depositions and Reports (Sections 334–336)

● Section 334 outlines methods to prove previous convictions or acquittals through

certified records, enhancing evidentiary reliability.
● Section 335 provides for recording evidence in the absence of accused persons under
specified circumstances, safeguarding procedural integrity while addressing
absconding offenders.
● Section 336 ensures that reports from public servants, experts, or officers are
admissible even in cases of transfer, retirement, or death, reducing dependency on
their physical presence.

Case Law:
In Haricharan Kurmi v. State of Bihar (1964), the Supreme Court emphasized that the
admissibility of depositions must be strictly regulated to ensure they meet evidentiary
standards.

Conclusion

The provisions encapsulated in Sections 319 to 336 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, demonstrate a meticulous balance between procedural adaptability and the
principles of justice. By facilitating the admissibility of evidence through commissions,
affidavits, and expert reports, the Sanhita ensures expeditious trials without compromising on
fairness. The statutory framework, reinforced by judicial interpretations, aligns with
contemporary challenges and underscores the judiciary's commitment to delivering justice in
a dynamic legal environment.
MODES OF TAKING AND RECORDING OF EVIDENCE :

Chapter XXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines the
procedural framework for taking and recording evidence during criminal inquiries and trials.
Its provisions are designed to ensure procedural fairness and protect the rights of all parties
involved while facilitating an efficient judicial process. The salient aspects of the chapter,
streamlined and compiled where necessary, are as follows:

1. Language of Courts (Section 307)

The State Government has the authority to determine the language used in courts within the
state, excluding High Courts, ensuring accessibility and uniformity in judicial proceedings.

2. Evidence in the Presence of the Accused (Section 308)

● Evidence must be recorded in the presence of the accused or their advocate.

● Recording can occur via audio-video electronic means at designated places notified
by the State Government.
● For victims of rape or sexual offences below 18 years, measures are taken to avoid
confrontation with the accused while maintaining the right to cross-examination.

3. Mode of Recording Evidence in Various Cases

Summons-Cases and Inquiries (Section 309):

● The Magistrate records the evidence as a memorandum in the court's language.

● If unable to personally record it, the Magistrate must state reasons and have it
recorded under their supervision.

Warrant-Cases (Section 310):

● Evidence is recorded by the Magistrate or under their direction.

● It may be recorded through audio-video electronic means, maintaining the accused's
right to representation.
● Evidence can be taken as a narrative but may also use a question-and-answer format if
deemed appropriate.

Trials Before Sessions Courts (Section 311):

● Evidence is recorded by the presiding Judge or under their supervision.

● Typically, it is recorded as a narrative, with discretion to use a question-and-answer
format.

4. Language and Translation of Evidence (Section 312)

 ● Evidence is recorded in the language of the court or, where necessary, in the language
of the witness.
● If evidence is recorded in another language, it must be translated into the court's
language and signed by the Magistrate or Judge.
● Translation into English may be dispensed with if agreed upon by all parties.

5. Verification and Interpretation of Evidence

Reading and Correction (Section 313):

● After recording, evidence is read over to the witness in the presence of the accused or
their advocate.
● Objections or corrections made by the witness are noted.
● If the record is in a language the witness does not understand, it is interpreted in a
language they comprehend.

Interpretation for Accused (Section 314):

● Evidence given in a language not understood by the accused must be interpreted in

open court into a language they understand.
● The same applies to their advocate if required.

6. Special Provisions

Demeanor of Witness (Section 315):

● Judges or Magistrates must record material observations on the demeanor of

witnesses during their examination.

Examination of the Accused (Section 316):

● The accused's examination is fully recorded, including all questions and answers.
● The record is verified, signed by the accused and presiding officer, and includes a
certification of its accuracy.
● For electronic communication, signatures must be obtained within 72 hours.

Interpreter's Duty (Section 317):

● Interpreters assisting courts must provide truthful and accurate translations of

evidence and statements.

Evidence Recording in High Courts (Section 318):

● High Courts may prescribe rules for recording evidence and examinations, ensuring
procedural uniformity in their jurisdiction.
Conclusion

Chapter XXV ensures the integrity, transparency, and fairness of criminal proceedings by
prescribing detailed procedures for recording evidence. It balances the rights of the accused
and witnesses with the requirements of justice, incorporating modern tools such as electronic
recording and protective measures for vulnerable individuals. These provisions collectively
strengthen the evidentiary framework within the criminal justice system.

COMMENCEMENT OF PROCEEDING BEFORE MAGISTRATE :

Commencement of Proceedings Before Magistrates (Chapter XVII)

Chapter XVII outlines the procedures for initiating criminal cases before Magistrates. It
covers the issue of process, dispensation with personal attendance, special summons for petty
offences, document supply, commitment to higher courts, and handling cases involving both
complaint and police investigations.

1. Issue of Process (Section 227)

The Magistrate, after taking cognizance of an offence, determines whether it’s a

summons-case or warrant-case. For summons-cases, a summons is issued, while for
warrant-cases, a warrant or summons can be issued at the Magistrate’s discretion. In cases
initiated by written complaints, a copy of the complaint must accompany the summons or
warrant. The issuance is subject to fees being paid by the complainant.

2. Dispensation with Personal Attendance (Section 228)

In some cases, the Magistrate may allow the accused to appear through an advocate rather
than in person, though personal attendance may be mandated if necessary.

3. Special Summons for Petty Offences (Section 229)

For petty offences (punishable by a fine of ₹5000 or less), the Magistrate may issue a special
summons allowing the accused to plead guilty and pay the fine without attending court. This
does not apply to offences under the Motor Vehicles Act.

4. Supply of Copies to the Accused (Section 230)

The Magistrate must provide the accused with copies of key documents like the police
report, FIR, and statements within 14 days of their appearance. Voluminous documents may
be inspected in court or provided electronically.

5. Supply of Documents in Sessions Court Cases (Section 231)

In cases triable by the Court of Session, the accused must be provided with relevant
documents, such as statements and confessions, following the same procedures for inspection
or electronic furnishing.

6. Commitment to Court of Session (Section 232)

If an offence is exclusively triable by the Court of Session, the Magistrate must commit the
case to the Sessions Court within 90 days. This can be extended to 180 days with recorded
reasons.

7. Procedure When Both Complaint and Police Investigation Exist (Section 233)

If a complaint case and a police investigation are ongoing for the same offence, the
Magistrate stays the complaint proceedings and awaits the police report. If the report leads to
charges, both cases are combined; otherwise, the complaint case proceeds.

Conclusion

These provisions ensure a fair and efficient criminal justice process. They allow flexibility for
handling minor offences, ensure the accused’s rights are protected, and streamline cases
involving both complaints and police investigations.

MERCY PETITION :

A mercy petition is a formal request for clemency or a reduction of sentence, typically filed
by a convict to the President (under Art.72 of the Constitution) or the Governor (under
Art.161). It serves as a last resort for those convicted of serious offenses, particularly death
sentences. Historically, mercy petitions have been a crucial constitutional right, allowing
convicts to seek relief from capital punishment based on various factors such as mental
illness, inhuman conditions, or rehabilitation potential.

Constitutional Background

● Article 72 (President's Power) and Article 161 (Governor's Power) grant the
President and the Governor the authority to grant pardons, reprieves, respites,
commutations, or to remit sentences. These powers are independent of judicial powers
and can consider factors beyond the case file, including the convict's socio-economic
background, health, or personal circumstances.
● The right to file a mercy petition is considered an important constitutional remedy,
especially for convicts facing the death penalty.

Key Features of Cl.473 BNSS (Bharatiya Nagarik Suraksha Sanhita):

1. Restriction on Who Can File Mercy Petitions:
○ Cl.473(1) limits the right to file mercy petitions to the convict, their legal heir,
or a relative. This is a departure from current practice where third parties, such
as human rights organizations or unrelated individuals, can also file mercy
petitions on behalf of the convict. This restriction could adversely impact
convicts who are isolated or mentally incapacitated, preventing them from
exercising their right to seek mercy effectively.
2. Restriction on the Number of Mercy Petitions:
○ Cl.473(1) also introduces a limitation on the number of mercy petitions,
permitting only one petition to be submitted before the Governor and
President, respectively. This is problematic because a convict’s circumstances
may change after the initial petition (e.g., mental illness or new evidence),
necessitating the submission of additional petitions. The limitation deprives
the convict of the opportunity to present fresh grounds.
3. Time Limits for Filing Mercy Petitions:
○ Cl.473 introduces strict timelines for filing mercy petitions. Convicts have 30
days to file a petition after being informed about the rejection of their special
leave petition or the confirmation of their death sentence. The petition must be
submitted to the Governor first, with a 60-day deadline for filing a petition
before the President after rejection by the Governor. These timelines are
problematic as they do not allow sufficient time for convicts to gather
necessary documentation or engage legal counsel, especially in cases where
convicts are impoverished or mentally ill.
4. Issues with Timelines:
○ The 30-day timeline is too short for convicts to properly prepare their
petitions, gather medical or psychological evidence, or seek legal advice,
which could undermine their ability to present a comprehensive petition.
Additionally, the delay in informing the convict of the Governor's rejection
can further shorten the time available for filing a petition to the President,
creating an unfair advantage for the state.
5. Impact on Multiple Convicts:
○ Cl.473(3) requires all co-accused in cases with multiple convicts to submit
mercy petitions simultaneously if one convict decides to file a petition. This
approach fails to consider the individual circumstances of each convict, such
as their mental health or family situation, and could lead to unjust outcomes.
6. Restriction of Judicial Review:
○ Cl.473(7) attempts to limit judicial review of the President’s decision on
mercy petitions, asserting that any question regarding the decision-making
process cannot be examined by courts. However, this provision contradicts
established jurisprudence, which allows judicial review in cases where there is
a violation of fundamental rights, such as delays, malafide actions, or
non-consideration of relevant factors. The courts have upheld the right to
challenge the decision if it involves arbitrary or extraneous factors.
Conclusion:

While Cl.473 BNSS attempts to streamline the process for mercy petitions, it introduces
several significant restrictions that could undermine the convict's right to seek clemency.
These limitations, including time constraints, restrictions on who can file, and the inability to
file multiple petitions, are likely to compromise the fairness and thoroughness of the petition
process. Furthermore, the statutory provision's conflict with established judicial norms,
particularly regarding judicial review, raises concerns about its constitutionality and the
protection of fundamental rights for death row convicts.

PLEA BARGAINING :

Plea bargaining is a legal mechanism whereby an accused person agrees to plead guilty to a
lesser charge or accepts a reduced sentence in exchange for concessions from the prosecutor
or the court. For example, if Mr. X is accused of an offense with a minimum punishment of
six years, the court can reduce the sentence to three years through plea bargaining. This
practice was officially introduced in India in 2006.
Application of Plea Bargaining:

Section 289 BNSS (Corresponds to Section 265A of CrPC):

This section outlines the applicability of plea bargaining. It applies to an accused against
whom:

● A report has been forwarded by the police under Section 193 of BNSS (Section 173
CrPC), indicating an offense has been committed, except for offenses punishable with
death, life imprisonment, or imprisonment exceeding seven years.
● A Magistrate has taken cognizance of an offense on a complaint, except for those
punishable with death, life imprisonment, or imprisonment exceeding seven years,
and after examining the complainant and witnesses under Section 223 of BNSS
(Section 200 CrPC), has issued process under Section 227 of BNSS (Section 204
CrPC).

Plea bargaining is not applicable to offenses affecting the socio-economic conditions of the
country or those committed against women or children under 14 years. The Central
Government will determine which offenses affect the socio-economic conditions of the
country.
Application Process:

Section 290 BNSS (Corresponds to Section 265B of CrPC):

1. An accused may file an application for plea bargaining within thirty days from the
date of framing of charges in the court.
2. The application must include a brief description of the case and be accompanied by an
affidavit stating the accused has voluntarily opted for plea bargaining, understands the
punishment, and has not been previously convicted for the same offense.
3. Upon receiving the application, the court issues notices to the Public Prosecutor or
complainant and the accused.
4. The court examines the accused in camera to ensure the application is voluntary. If
satisfied, it provides up to sixty days for the parties to reach a mutually satisfactory
disposition, including compensation to the victim. If not satisfied, the court proceeds
with the trial.

Time Limits:

The application for plea bargaining must be filed within thirty days from the date of charge
framing. The court allows up to sixty days for a mutually satisfactory disposition, which is a
new provision under Section 290 BNSS .

Guidelines for Mutually Satisfactory Disposition:

Section 291 BNSS (Corresponds to Section 265C of CrPC):

1. In cases initiated by a police report, the court issues notices to the Public Prosecutor,
investigating officer, accused, and victim to participate in the meeting.
2. In cases not initiated by a police report, the court issues notices to the accused and
victim.
3. The court ensures the entire process is voluntary and allows the accused to participate
with their advocate if desired.

Report and Disposal of Case:

Section 292 BNSS (Corresponds to Section 265D of CrPC):
If a satisfactory disposition is reached, the court prepares a report signed by all participants. If
not, the court proceeds with the trial.

Section 293 BNSS (Corresponds to Section 265E of CrPC):

The court disposes of the case by:

● Awarding compensation to the victim.

● Hearing the parties on the quantum of punishment.
● Considering probation or release under the Probation of Offenders Act, 1958.
● Imposing half of the minimum punishment if applicable.
● For first-time offenders, imposing one-fourth of the minimum punishment.
● If no minimum punishment is prescribed, imposing one-fourth or one-sixth of the
maximum punishment for first-time offenders.

Finality and Powers of Court:

Section 294 BNSS (Corresponds to Section 265F of CrPC):

The court delivers its judgment in open court, signed by the presiding officer.

Section 295 BNSS (Corresponds to Section 265G of CrPC):

The judgment is final, with no appeal except through a special leave petition under Article
136 or a writ petition under Articles 226 and 227 of the Constitution.

Section 296 BNSS (Corresponds to Section 265H of CrPC):

The court retains all powers regarding bail, trial, and case disposal.

Additional Provisions:

Section 297 BNSS (Corresponds to Section 265I of CrPC):

The period of detention undergone by the accused is set off against the sentence of
imprisonment.

Section 298 BNSS (Corresponds to Section 265J of CrPC):

The provisions of this chapter take precedence over any inconsistent provisions in the BNSS.
Section 299 BNSS (Corresponds to Section 265K of CrPC):
Statements made in the plea bargaining application cannot be used for any purpose other than
plea bargaining.

Section 300 BNSS (Corresponds to Section 265L of CrPC):

Plea bargaining does not apply to juveniles or children as defined in the Juvenile Justice
(Care and Protection of Children) Act, 2015.

Case laws :

State of Rajasthan v. Shambhu Kewat (2014): In this case, the Supreme Court clarified the
scope and applicability of it’s provisions in India. The court held that the purpose of plea
bargaining is to ensure a fair and speedy trial, and it should be applied to eligible cases based
on the specific circumstances and facts of each case.

Subhash Popatlal Dave v. State of Gujarat (2014): In this case, the Supreme Court reaffirmed
the constitutional validity of plea bargaining and emphasized that it should be conducted
voluntarily and based on a full understanding of the consequences by the accused. The court
highlighted that it is an important tool for reducing the backlog of cases and promoting
efficient justice delivery.

Sukesh Behl v. Union of India (2018): In this case, the Delhi High Court observed that plea
bargaining is an essential mechanism to expedite the disposal of cases and provide an
opportunity to the accused to avoid lengthy trials. The court emphasized the need for
effective implementation of its provisions and directed the government to take steps to
promote awareness about it among stakeholders.

Conclusion:

Plea bargaining in India aims to expedite the judicial process, reduce the burden on courts,
and provide a more efficient resolution to criminal cases. While it offers several benefits,
including reduced sentences for defendants and compensation for victims, it must be applied
judiciously to ensure justice is served and the rights of all parties are protected.
PRODUCTION OF THINGS , PROCESS TO COMPEL :

The excerpt you've provided is from Chapter VII of the Bharatiya Nagarik Suraksha
Sanhita, 2023, detailing the processes for compelling the production of things, including
documents, items, and digital evidence. Here is a breakdown of the key sections:

A. Summons to Produce

● Section 94(1): Courts or police officers can issue a summons or written order to
produce documents or other things, including digital evidence, if needed for an
investigation, inquiry, trial, or proceeding. This applies to documents and items in the
possession of someone who might be required to produce them.
● Section 94(2): A person can comply with the summons by simply producing the
document or item, instead of attending in person.
● Section 94(3): This section clarifies that the provisions do not override certain laws,
such as those related to bank documents or postal items.

B. Search Warrants

● Section 96(1): A court can issue a search warrant if it believes that a document or
item won't be produced by the person, is not known to be in someone's possession, or
if a general search will aid the inquiry.
● Section 97(1): Allows police officers to search places where stolen property or
objectionable items, such as counterfeit coins, forged documents, or obscene
materials, are suspected to be stored or sold.
● Section 98: Grants the State Government the power to declare certain publications
forfeited if they contain material punishable under specific sections of the law, and
police officers can seize these items.
● Section 99: Provides a process for applying to the High Court to set aside the
forfeiture of publications declared under Section 98.
● Section 100: Allows for the issuance of search warrants to find individuals who are
wrongfully confined.

C. General Provisions Relating to Searches

 ● Section 102: Lists the provisions applying to search warrants, referring to other
relevant sections of the law for procedural details.
● Section 103: Specifies the responsibilities of those in charge of places being searched,
including allowing ingress and providing facilities for the search. It also addresses the
procedure for searching individuals.
● Section 104: Addresses the procedure for handling seized items found beyond the
jurisdiction of the court that issued the search warrant.
● Section 105: Requires audio-video recording of the search and seizure process for
transparency and accountability, to be forwarded to the relevant authorities.

D. Miscellaneous Provisions

● Section 106: Gives police officers the power to seize stolen property or items under
suspicion of being related to a crime. The procedure for reporting and handling seized
property is detailed, including handling perishable items.
● Section 107: Discusses the attachment, forfeiture, or restoration of property believed
to be proceeds of crime. Police can apply to the court for attachment if they suspect
the property is derived from criminal activity.

This chapter emphasizes transparency in searches, due process for seizure, and the handling
of documents or items, including digital evidence, ensuring the integrity of investigations
while protecting individual rights during legal procedures.

Victim compensation scheme

Section 396: Victim Compensation Scheme - Bharatiya Nagarik Suraksha Sanhita, 2023

Establishment of Compensation Scheme: Every State Government, in collaboration with the

Central Government, is required to prepare a scheme to provide compensation to victims or
their dependents who have suffered loss or injury due to a crime. The scheme is intended to
aid the victims' rehabilitation.
Quantum of Compensation: When the Court recommends compensation, the District Legal
Services Authority or State Legal Services Authority is responsible for determining the
amount of compensation to be provided under the victim compensation scheme.

Additional Compensation: If the compensation awarded by the trial court under Section 395
is found to be inadequate for the victim's rehabilitation, or if the case ends in acquittal or
discharge but the victim still requires rehabilitation, the court may recommend additional
compensation.

Unidentified Offender: If the offender is not traced or identified, but the victim is known, and
there is no trial, the victim or their dependents may apply directly to the State or District
Legal Services Authority for compensation.

Enquiry and Award of Compensation: Upon receiving recommendations or applications, the

State or District Legal Services Authority is required to conduct an inquiry and award
appropriate compensation. The inquiry must be completed within two months from the
receipt of the application or recommendation.

Immediate Relief : The State or District Legal Services Authority has the authority to provide
immediate medical assistance or first-aid facilities to the victim. This is to be done on the
certification of a police officer (not below the rank of officer-in-charge) or a Magistrate, or
any other appropriate authority. The relief may include medical treatment and any interim
measures that are deemed necessary to alleviate the victim’s suffering.

Additional Compensation for Victims: The compensation provided under this section is in
addition to the fines imposed under sections 67(4), 68, 70(1), and 70(2) of the Bharatiya
Nyaya Sanhita, 2023, which also aim to compensate the victim.

Key Points:

Victim Rehabilitation: Focus on providing timely and adequate compensation for

rehabilitation.

Legal Services Authorities: Responsible for deciding compensation amounts and ensuring
timely payments.
Unidentified Offender: Compensation is available even if the offender is not identified.

Additional Relief: Immediate medical aid and other interim relief are ensured for victims.

Separate from Fines: The compensation provided under Section 396 is separate from any
fines under the Bharatiya Nyaya Sanhita, 2023.

This section ensures that victims or their dependents receive financial compensation and
necessary medical treatment, whether or not the offender is identified or convicted. It
emphasizes quick and fair distribution of compensation to alleviate the victim’s suffering.