LLB V SEMESTER (CBCS R-22 NEW) EXAMINATIONS JAN

2025 BHARATIYA NAGARIK SURAKSHA SANHITHA, LAW

OF JUVENILE JUSTICE AND PROBATION OF OFFENDERS
Time: 3 Hrs]
[Max. Marks: 80
SECTION-A (5 X 6=30 Marks)
Answer any FIVE of the following
1. Classification of Criminal courts
2. Inquiry and Trial
3. Arrest by Private Person
4. Attachment of Property real
5. Irregular Proceedings
6. Commutation of Sentence
7. Suspension of Sentence
8. Juvenile Homes
SECTION-B (2 X 15-30 Marks)
Answer any TWO of the following questions
1. Write a brief note on the provisions relating to FIR under BNSS.
2. Discuss the provisions relating to Maintenance under BNSS.
3. Define Bail. Explain the provisions relating to different kinds of Bail..
4. Briefly explain the general provisions relating to Care and Protection of
Children under the Juvenile Justice Act, 2015.
SECTION-C (2 X 10 = 20 Marks)
Answer any TWO of the following questions:
1. A person has committed three offences within a year, one is a compoundable
offence and the other two are non-cognizable offences. Discuss the trail and
punishment to be awarded in this case
2. Samuel was arrested by a Police Officer from his work place. The police
officer failed to produce him before the magistrate within 24hours of his
arrest. What are the rights of Samuel?
3. Raheem was tried for the offence of Theft at JMFC, during the investigation
it was found that he also committed a murder. Can he be tried for murder
also? Discuss
4. A Child of 15 years old was found to be in conflict with law. Explain the
procedure to be adopted by an Investigating Officer upon the arrest of such
child.

PART -A Answers
1.Commutation of Sentence
Ans. Commutation of sentence refers to the reduction of a sentence imposed by
a court. It is a form of clemency where the duration or severity of the
punishment is reduced.
Authority :Under the BNSS, the appropriate Government has the authority to
commute any sentence. This means:
 Central Government: For offences under laws within the executive
power of the Union.
 State Government: For offences under laws within the executive power
of the State.
Process
 Application: The convicted person or their representative can apply for
commutation of sentence. The application is reviewed by the appropriate
Government, which considers factors such as the nature of the offence,
conduct of the prisoner, and any other relevant circumstances.
 Decision: The Government may commute the sentence to a lesser
punishment, such as imprisonment for a shorter duration or a fine.
5. Restrictions : Section 475: This section imposes restrictions on the powers
of remission or commutation in certain cases. For example, a person sentenced
to life imprisonment for an offence where death is a possible punishment must
serve at least 14 years before being eligible for release.
Examples :
  Death Sentence Commuted to Life Imprisonment: If a person is
sentenced to death, the appropriate Government can commute the
sentence to life imprisonment.
 Life Imprisonment Reduced: A person serving a life sentence for a
serious offence may have their sentence commuted to a fixed term of
imprisonment after serving a minimum period.
The appropriate Government has the authority to
commute sentences, with specific conditions and restrictions in place to ensure
justice and public safety.

2. Suspension of Sentence
Ans.Suspension of sentence refers to temporarily halting the execution of a
sentence imposed by a court. This can occur while an appeal is pending or under
certain conditions set by the court.
Authority : The authority to suspend a sentence lies with the Appellate Court
or the High Court in cases where the appeal is from a subordinate court.
Conditions for Suspension :
 Pending Appeal: The Appellate Court may suspend the execution of the
sentence if the convicted person has filed an appeal.
 Reasons Recorded: The court must record the reasons for suspending the
sentence in writing.
 Release on Bail: If the convicted person is in confinement, the court may
release them on bail or their own bond.
Special Provisions
 Serious Offences: For offences punishable with death, life imprisonment,
or imprisonment for a term of not less than ten years, the court must give
the Public Prosecutor an opportunity to show cause against the release.
 Bail Conditions: If the convicted person is released on bail, the Public
Prosecutor can file an application for the cancellation of bail.
Procedure
  Application: The convicted person or their representative can apply for
the suspension of the sentence.
 Review: The court reviews the application and considers factors such as
the nature of the offence, conduct of the prisoner, and any other relevant
circumstances.
 Decision: The court may suspend the sentence and release the convicted
person on bail or their own bond.
6. Exclusions
 Imprisonment Term: If the convicted person is ultimately sentenced to
imprisonment for a term or life imprisonment, the time during which they
were released on bail is excluded in computing the term for which they
are sentence.
Suspension of sentence under the BNSS allows for
temporary relief from the execution of a sentence while an appeal is pending.
The Appellate Court or High Court has the authority to suspend the sentence
and release the convicted person on bail, with specific provisions for serious
offences.

3. Juvenile Homes
Ans. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), juvenile homes
are designed to provide care and protection for children in conflict with the law
or in need of care and protection. Juvenile homes are managed by trained
professionals, including social workers, psychologists, and educators, ensuring a
supportive environment for the children
Purpose and Objective : Juvenile homes under the BNSS are designed to
ensure the care, protection, treatment, development, and rehabilitation of
children. These homes focus on:
 Rehabilitation and Reintegration: Helping children to re-enter the
society as responsible citizens.
 Education and Vocational Training: Providing educational
opportunities and vocational skills.
 Psychological Support: Addressing emotional and psychological needs
Observation Homes: Temporary custody for children in conflict with the law
during the pendency of their inquiry. Children are kept here until their case is
disposed of by the Juvenile Justice Board (JJB).
Admission: Children are admitted based on assessments by Child Welfare
Committees (CWC)..
Custody Procedures : Children apprehended for offences must be produced
before the JJB within 24 hours. The JJB assesses the child’s circumstances and
determines appropriate placement in an observation home or special home..
Facilities and Services in Juvenile Homes : Juvenile homes under the BNSS
provide comprehensive facilities and services to support the holistic
development of children:
Education and Vocational Training :These homes provide access to regular
schooling within the home or external educational institutions and vocational
training such as carpentry, tailoring, computer training, etc as well.
Counseling and Mental Health Support : Children will be counselled by
trained counsellors and pyschologists.
Health and Nutrition : In these homes there will be regular health check-ups
and access to medical care.They will be provided balanced and nutritious meals
Recreational Activities : Homes will have facilities for indoor and outdoor
sports to promote physical fitness and also opportunities for participation in
cultural events, arts, and crafts to foster creativity.
Inspections : Regular Inspections will be conducted by government
authorities to ensure compliance with standards and guidelines
Juvenile homes under the BNSS play a critical role in
rehabilitating and reintegrating children in conflict with the law and those in
need of care and protection. By providing a safe and supportive environment .

4.Arrest by private person

Ans. Section 40 deals with the arrest by Private Person : Under the
Bharatiya Nagarik Suraksha Sanhita (BNSS), a private person can arrest
someone who commits a non-bailable or cognizable offence in his /her
 presence. The private person must then hand the arrested person over to the
police within six hours.
Credible Evidence : The private individual needs to provide the police with
enough information or evidence to justify the arrest.
Legal Protections and Responsibilities
 Legal Protection : The law provides protection to private individuals
who make an arrest in good faith, i.e.the person who arrests believe that
the person committed the offence.
 Responsibilities : The private person should not not use excessive force
during the arrest and must follow the procedures laid out by the la.
In the following situations a private person can arrest :
 Witnessing a Theft : If a private person sees someone stealing a valuable
item from a shop (a cognizable and non-bailable offence), they can
immediately arrest the thief. They must then take the thief to the nearest
police station and explain the circumstances of the arrest.
 Proclaimed Offender : If a private individual recognizes a proclaimed
offender from a police notice or public alert, they can arrest the offender
and then hand over the to the police as soon as possible.
The BNSS empowers private individuals to act in specific
situations to maintain law and order, but with the responsibility to act within
legal boundaries and promptly involve the police.

PART C answers
1.A person has committed three offences within a year, one is a compoundable
offence and the other two are non-cognizable offences. Discuss the trail and
punishment to be awarded in this case .
Facts of the case :
 A person has committed three offences within a year.
 Among those three one is compoundable offence .
 The other two are two non-cognizable offences.
Issues in the case :
  How the accused will be tried in the court ?
 What punishments will be awarded to the person.?

Principle : Trial and Punishment for Multiple Offences

Compoundable Offence: A compoundable offence is one where the
complainant (the person who filed the complaint) can agree to drop the charges
against the accused through a compromise.
The complainant can request the court to allow the compounding
of the offence. If the court grants permission, the case can be settled without a
full trial.Once the offence is compounded, it is treated as if the accused has been
found not guilty.
Non-Cognizable Offences: Non-cognizable offences are less serious crimes
.Since non-cognizable offences are less severe, the police need to obtain an
arrest warrant from a magistrate to arrest the accused. The police cannot initiate
an investigation without the magistrate's permission.
The accused will be tried in court, and if found guilty, he/she
will face the prescribed punishment for each offence.
Punishments:
 Compoundable Offence: No punishment, as the offence is settled
through compromise.
 Non-Cognizable Offences: The punishment will depend on the specific
nature of each offence. Generally, non-cognizable offences carry less
severe punishments, often less than three years of imprisonment.
Judgement: Based on the above principle in the given case the compoundable
offence is one where the complainant (the person who filed the complaint) can
agree to drop the charges against the accused through a compromise. For other
two non congnizable offences the person may get less than three years of
imprisonment depending upon the nature of each offence.

2.Samuel was arrested by a Police Officer from his work place. The police
officer failed to produce him before the magistrate within 24hours of his
arrest. What are the rights of Samuel.
Ans.Under the Indian legal system, the fundamental rights of individuals
include protection against arbitrary arrest and detention. Samuel's rights have
been violated as the police officer failed to produce him before the magistrate
within 24 hours, which is a requirement under the Constitution and the BNSS.
Relevant Legal Provisions:
 Article 22(2) of the Indian Constitution: Provides that any person who is
arrested must be produced before the nearest magistrate within 24 hours of
arrest, excluding the time necessary for the journey from the place of arrest
to the magistrate’s court.
 Section 58 of BNSS : Reinforces the requirement that no police officer shall
detain a person in custody for more than 24 hours without the authority of a
magistrate.
Rights of Samuel:
 Right to be Produced Before a Magistrate : Samuel has the right to be
produced before a magistrate within 24 hours of his arrest. The failure to do
so is a violation of his constitutional and legal rights.
 Right to Legal Aid: Samuel has the right to legal representation and can
seek the assistance of a lawyer to challenge the illegal detention.
 Right to Habeas Corpus: Samuel can file a writ of habeas corpus in the
High Court or Supreme Court. A writ of habeas corpus is a judicial mandate
requiring that Samuel be brought before the court to determine if his
detention is lawful.
Legal Remedies for Samuel:
 File a Habeas Corpus Petition: Samuel or his representatives can file a
habeas corpus petition in the High Court or Supreme Court to challenge the
illegal detention and seek immediate release.
The court will direct the police to produce Samuel and justify the detention. If
the detention is found unlawful, the court will order Samuel’s release.
 Complaint to Higher Authorities: Samuel or his representatives can file a
complaint with higher police authorities or human rights commissions
against the police officer for violating his rights.
 Disciplinary action can be taken against the police officer for the
unlawful detention.
Seek Compensation: Samuel can seek compensation for unlawful detention
and violation of his fundamental rights. Courts have awarded monetary
compensation in cases of illegal detention.

3.Raheem was tried for the offence of Theft at JMFC, during the
investigation it was found that he also committed a murder. Can he be
tried for murder also? Discuss
Yes, Raheem can be tried for the offence of murder even though he was initially
tried for theft.
Facts of the case :
 Raheem was tried for the offence of Theft at JMFC.
 During the investigation it was found that he also committed a murder .
Issues in the case :
 Can he be tried for murder also?
Principle : Separate Trials for Different Offences:
 Criminal Procedure Code (CrPC): According to Section 241 of BNSS for
every distinct offence, there should be a separate charge and trial. This
means that Raheem can be charged and tried separately for both theft and
murder.
 Joinder of Charges: Section 246 of the BNSS permits the joinder of
charges against a person in certain circumstances, such as if the offences
were committed in the same transaction. However, theft and murder are
distinct offences and can be tried separately.
 Investigation and Filing of Charges:
 Investigation: During the investigation of the theft, if evidence of the
murder surfaces, the police are obligated to investigate the murder as a
separate offence.
 Filing of Charges: The police will file a separate charge sheet for the
murder after completing their investigation. The charge sheet will
 detail the evidence and the legal provisions under which Raheem is
charged with murder.
 Trial Process: The trial for theft may be conducted by the Judicial
Magistrate First Class (JMFC). However, the trial for murder, being a
more serious offence, will be conducted by a Sessions Court, which
has the jurisdiction to try cases of murder.
Raheem will be afforded all legal rights, including
representation by a lawyer, the opportunity to present a defence, and
cross-examination of witnesses.
 Punishment: If Raheem is found guilty of both offences, the court will
impose sentences for each offence. Depending on the circumstances
and the court's discretion, the sentences can either run concurrently (at
the same time) or consecutively (one after the other).

4.A Child of 15 years old was found to be in conflict with law. Explain the
procedure to be adopted by an Investigating Officer upon the arrest of such
child.
Ans.When a child of 15 years old is found to be in conflict with the law, the
procedure to be adopted by an investigating officer must adhere to the Juvenile
Justice (Care and Protection of Children) Act, 2015.
Procedure for Handling a Child in Conflict with the Law
 Immediate Custody and Notification:The child must be taken into custody
following juvenile justice procedures, not as an adult. The officer must
immediately inform the child’s parents or guardians about the arrest and the reason
for it.
 Informing the Juvenile Justice Board (JJB):The officer must inform the
Juvenile Justice Board (JJB) about the arrest.The child must be produced before
the JJB within 24 hours, excluding travel time.
 No Detention in Police Lock-Up or Jail:The child should not be kept in a police
lock-up or jail. Instead, they should be kept in an observation home or a place of
safety designated by the JJB.
 Verification of Age: If there is any doubt about the child's age, the investigating
officer should arrange for age determination through a medical examination or
other prescribed methods.
  Involvement of Child Welfare Officer: A Child Welfare Officer or Special
Juvenile Police Unit (SJPU) must be involved in the case. They are specially
trained to handle cases involving juveniles.
 Preparation of a Social Investigation Report (SIR) :The officer must prepare a
Social Investigation Report (SIR), which includes details about the child's
background, family, circumstances of the offence, and any other relevant
information. The report helps the JJB in maki)ng decisions regarding the child's
rehabilitation and reintegration.
 Legal Representation and Aid: The child has the right to legal representation.
The officer must ensure that the child is informed of this right and that a legal aid
counsel is provided if necessary.
 Inquiry by the Juvenile Justice Board: The JJB will conduct an inquiry into the
matter. The focus is on rehabilitation and reintegration rather than punitive
measures .The child will be afforded the opportunity to present their defense, and
the JJB will consider the SIR and other evidence presented.
 Rehabilitation and Social Integration : Based on the inquiry, the JJB will decide
on measures for the child's rehabilitation and social integration. This may include
counselling, education, vocational training, community service, or placement in a
special home.
 Maintaining Confidentiality: The identity of the child must be kept confidential
throughout the process to protect their privacy and future prospects.
The Juvenile Justice Act prioritizes the welfare and rehabilitation
of children in conflict with the law. It ensures that such children are treated differently
from adults, focusing on their reintegration into society. The investigating officer must
follow these procedures meticulously to uphold the child's rights and facilitate a
rehabilitative approach.