Unit V: Juvenile Justice & Probation Juvenile Justice Act, 2015: Salient Features, JJB Composition,
Children in Conflict with Law, CWC Probation of Offenders Act, 1958: Probation & Good Conduct
Compensation Orders Appeal & Revision
ChatGPT said:
Here is a concise and exam-oriented summary of Unit V: Juvenile Justice & Probation under the
Bharatiya Nagarik Suraksha Sanhita (BNSS) / Criminal Law syllabus (KSLU-focused):
Juvenile Justice (Care and Protection of Children) Act, 2015
Salient Features
• Enacted to align with the UN Convention on the Rights of the Child (UNCRC).
• Two categories of children:
o Child in conflict with law (CCL)
o Child in need of care and protection (CNCP)
• Deals with children below 18 years of age.
• Introduced provision for trial of heinous offences by children aged 16–18 as adults, based
on preliminary assessment.
• Promotes rehabilitation and reintegration, not punishment.
• Emphasizes child-friendly procedures and institutions.
Juvenile Justice Board (JJB) – Section 4
• Constituted for every district.
• Composition:
o 1 First Class Judicial Magistrate (Principal Magistrate) – with special child
psychology/sociology training.
o 2 Social Workers, at least one woman.
• Powers:
o Deals with children in conflict with law.
o Can conduct inquiries and pass rehabilitative orders (not punitive).
o May refer cases of heinous offences by children aged 16–18 for adult trial after
assessment.
Child in Conflict with Law (CCL)
• A child who is alleged or found to have committed an offence under the law.
• Inquiry must be completed within 4 months (extendable by 2 months).
• No death penalty or life imprisonment without the possibility of release can be awarded to a
CCL.
• Rehabilitation is prioritized through Observation Homes, Special Homes, or Fit Facilities.
Child Welfare Committee (CWC) – Section 27
• Deals with children in need of care and protection (CNCP).
• At least one committee per district.
• Composition:
o Chairperson + 4 members (at least one woman and one child expert).
• Functions:
o Orders for care, protection, rehabilitation, restoration.
o Declares children legally free for adoption.
o Can recommend FIR registration for abuse or trafficking.
Probation of Offenders Act, 1958
Purpose
• Reformative measure for first-time and minor offenders.
• Avoids sending offenders to jail if not necessary.
• Focuses on rehabilitation, good behavior, and integration into society.
Probation & Good Conduct – Sections 3 & 4
• Section 3: Offenders convicted of certain offences (punishable with <2 years) can be
released after admonition.
• Section 4: Court may release offender on probation of good conduct instead of sentencing:
o Usually applied to first-time offenders.
o Court considers age, character, nature of offence, and circumstances.
o May require offender to:
▪ Enter a bond for good behavior.
▪ Be under the supervision of a Probation Officer.
▪ Follow conditions for a specific period (e.g., 1-3 years).
Compensation Orders – Section 5
• Court may direct the offender to:
o Pay compensation to the victim or dependents.
o Bear expenses related to the victim’s treatment, loss, or suffering.
• This is in addition to or in place of other punishments.
Appeal & Revision – Section 11
• Any order made under the Act can be appealed or revised under the CrPC (now BNSS).
• Ensures judicial oversight on orders of probation.
Summary Table
Topic Juvenile Justice Act, 2015 Probation of Offenders Act, 1958
Welfare and rehabilitation of Reformation of adult first-time/minor
Focus
juveniles offenders
Key
JJB, CWC Courts and Probation Officers
Institutions
Target Group Children (below 18 years) Adult first-time or minor offenders
Remedy Type Protective, Reformative Probation, Good Conduct, Admonition
Appeals BNSS/CrPC provisions applicable BNSS/CrPC provisions applicable
Let me know if you’d like case laws, flowcharts, or one-page revision sheets for quick prep.
You said:
Unit IV: Miscellaneous Procedures Judgments Transfer of Cases Suspension, Remission,
Commutation & Mercy Property Disposal – Photography, Videography, Time-bound Preventive
Action by Police Irregular Proceedings Victim Protection – Compensation & Treatment
ChatGPT said:
Here’s an exam-focused summary of Unit IV: Miscellaneous Procedures under the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 (Previously CrPC):
1. Judgments (BNSS Sections 367–377)
• Definition: Final decision of a court on the guilt or innocence of the accused.
• Contents of Judgment:
o Must be written, signed, and dated.
o State points for determination, findings, and reasons.
• Types:
o Conviction or Acquittal.
• Judgment in Absentia: Not allowed unless permitted under special laws.
2. Transfer of Cases (BNSS Sections 442–448)
• By High Court:
o Transfer from one Sessions Court to another.
o Transfer from one Magistrate to another within its jurisdiction.
• By Sessions Judge:
o Transfer between courts of Magistrates.
• Grounds for Transfer:
o Fair and impartial trial.
o Convenience of parties.
o Public interest or legal requirements.
3. Suspension, Remission, Commutation & Mercy Powers (BNSS Sections 477–478)
• Suspension: Temporary halt in execution of sentence.
• Remission: Full or partial reduction in sentence.
• Commutation: Substitution of one form of punishment for a lesser one (e.g., death → life
imprisonment).
• Mercy Petition:
o Governed by Article 72 (President) and Article 161 (Governor).
o Filed after all judicial remedies are exhausted.
4. Property Disposal – Photography, Videography, Time-bound (BNSS Section 499–500)
• Seized Property: Must be returned, auctioned, or disposed of per court orders.
• Photography/Videography:
o Mandatory for seizure of electronic devices, sexual offence evidence, and major
crimes.
• Time-bound Disposal:
o Property unclaimed within 6 months may be sold.
o Prompt return to rightful owner if no dispute.
• Court may record reasons for prolonged retention.
5. Preventive Action by Police (BNSS Sections 149–153)
• Purpose: To prevent the commission of cognizable offences.
• Section 149: Police may interpose to prevent crimes.
• Section 150: Duty to communicate plans of offence.
• Section 151: Arrest to prevent offence (without warrant).
• Section 152: Protection of public property.
• Section 153: Inspection of weights, measures, explosives etc.
6. Irregular Proceedings (BNSS Sections 522–528)
• Effect: Some irregularities vitiate the proceedings; others don’t.
• Curable Irregularities (Sec 526):
o E.g., wrong court taking cognizance, but no failure of justice.
• Incurable Irregularities (Sec 527):
o E.g., trial without jurisdiction → void.
• Test: “Failure of justice” test is applied.
7. Victim Protection – Compensation & Treatment (BNSS Section 396 & 473)
• Compensation Scheme:
o State Legal Services Authority may provide compensation to victims of crime (esp.
rape, acid attack, etc.).
o Includes interim relief.
• Section 396: Court can order compensation at conclusion of trial.
• Section 473: Treatment of victims:
o Free first-aid or medical treatment at all hospitals (esp. for acid attacks, sexual
offences).
o Police to ensure timely medical aid.
Quick Table for Revision
Topic Key Provision/Highlight
Judgment Must be reasoned, signed; ends trial
Transfer of Cases For fair trial; by High Court or Sessions Court
Suspension/Remission Executive clemency powers; Art 72 & 161 also apply
Property Disposal Time-bound; use of photos/videos mandatory
Preventive Action Sections 149–153; preemptive policing
Irregular Proceedings Curable vs incurable irregularities
Topic Key Provision/Highlight
Victim Protection Compensation & medical treatment ensured
Let me know if you'd like case references, flowcharts, one-pagers, or MCQs for practice based on
this unit.
You said:
Unit III: Trial Process Sessions Trials Warrant & Summons Cases by Magistrates Summary Trials –
Significance Evidence and Inquiry Procedures Compounding of Offences & Plea Bargaining
Concurrent vs Consecutive Sentences Appeal, Revision, Reference Security for Good Behaviour
Maintenance – Alteration & Enforcement
ChatGPT said:
Here is a comprehensive yet concise summary of Unit III: Trial Process under BNSS, 2023 (New
CrPC) — relevant for law exams (especially under KSLU):
Unit III: Trial Process – BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023
1. Sessions Trials (BNSS Sections 241–257)
• Conducted by Sessions Courts for serious offences (punishable >7 years, life imprisonment,
or death).
• Procedure:
1. Case committed by Magistrate to Sessions Court (Sec 241).
2. Charge framed (Sec 248) after hearing both sides.
3. Prosecution evidence → Cross-examination.
4. Accused’s statement under Section 263.
5. Defence evidence (optional).
6. Judgment (Conviction/Acquittal).
• If convicted, sentence is passed after hearing on punishment.
2. Warrant & Summons Case Trials by Magistrates
(i) Warrant Cases (BNSS Sections 258–278)
• Offence punishable >2 years.
• Procedure is more elaborate.
• Charge must be framed in writing.
• Accused gets opportunity to cross-examine witnesses before charge.
(ii) Summons Cases (BNSS Sections 279–285)
• Punishment <2 years.
• No formal charge — notice of accusation is sufficient.
• Simplified and faster procedure.
• Accused can plead guilty by post (Sec 279).
3. Summary Trials – Significance (BNSS Sections 286–293)
• For minor offences (e.g., theft under ₹5,000, affray).
• Magistrate of 1st Class or Metropolitan Magistrate may try such cases.
• Trial is expedited – fewer witnesses, oral evidence recorded briefly.
• Max sentence: 3 months.
• No appeal if sentence is ≤ ₹2,000 fine only.
4. Evidence & Inquiry Procedures
• Evidence governed by Indian Evidence Act.
• Inquiry precedes trial; it is not the final determination.
• Purpose: To decide if prima facie case exists.
• Electronic evidence, video conferencing, digital records allowed (BNSS promotes tech-based
evidence).
• Cross-examination and re-examination are key to testing evidence.
5. Compounding of Offences & Plea Bargaining
(i) Compounding of Offences (BNSS Section 359)
• Victim & accused compromise → ends criminal case.
• Only for compoundable offences (e.g., hurt, defamation).
• Two types:
o Without court permission (e.g., adultery).
o With court permission (e.g., criminal breach of trust).
• Effect: Treated as acquittal.
(ii) Plea Bargaining (BNSS Sections 290–294)
• Accused voluntarily pleads guilty for lesser punishment.
• Applicable to offences with:
o Max punishment ≤7 years.
o No offences against women or children.
• Reduces burden on courts and ensures quicker disposal.
6. Concurrent vs Consecutive Sentences (BNSS Section 468)
• Concurrent: Sentences for multiple offences run together.
• Consecutive: Sentences run one after the other.
• Discretion lies with the court.
• General rule: Presumption in favour of concurrent unless directed.
7. Appeal, Revision, Reference
(i) Appeal (BNSS Sections 476–489)
• Right to appeal is statutory, not inherent.
• Lies to higher court against conviction, acquittal, or sentence.
• Time limit: Usually 30–60 days.
• Victim also has a right to appeal against acquittal.
(ii) Revision (BNSS Section 494)
• No right to appeal? You can file a revision.
• Used to correct jurisdictional errors, legal irregularities.
• High Court or Sessions Judge may call for records and correct errors.
(iii) Reference (BNSS Section 495)
• When lower court has doubt about legality or constitutionality, it refers the question to
High Court.
8. Security for Good Behaviour (BNSS Sections 125–136)
• Magistrate can order a person to provide bond/security for:
o Habitual offenders
o Those likely to commit breach of peace.
• Duration: Max 1–3 years.
• Failure → Detention in prison.
9. Maintenance – Alteration & Enforcement (BNSS Sections 144–147)
• Section 144: Magistrate may order monthly maintenance to:
o Wife (even if divorced), children, parents.
• Alteration: Amount can be increased/decreased on changed circumstances.
• Enforcement: If defaulter fails to pay → imprisonment for 1 month for each month
defaulted.
Quick Revision Table
Topic Key Provisions / Features
Sessions Trials Serious offences, charge framed, detailed procedure
Warrant Cases Punishment >2 years, charge mandatory
Summons Cases Punishment <2 years, no formal charge
Summary Trials Max 3-month sentence, for petty offences
Evidence Procedures Cross-exam, electronic evidence admissible
Topic Key Provisions / Features
Compounding Settlement between parties ends trial
Plea Bargaining Accused negotiates for reduced sentence
Concurrent/Consecutive Court discretion; generally concurrent
Appeal Right based on statute
Revision Correction of errors if no appeal lies
Reference Lower court seeks legal opinion from High Court
Good Behaviour Security Bond to prevent breach of peace or repeat offence
Maintenance For dependents; enforceable and alterable
Let me know if you want case laws, flowcharts, or practice questions based on this unit.
You said:
Unit II: Pre-Trial Process and Commencement Magisterial Cognizance and Timelines Dismissal of
Complaints Commencement of Proceedings Framing and Joinder of Charges Appearance &
Production – Use of Electronic Means Plea of Guilt; Limitation for Cognizance Bail and Bond
Provisions
ChatGPT said:
Here is a concise and exam-oriented summary of Unit II: Pre-Trial Process and Commencement
under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – relevant for KSLU Law Exams and
Criminal Procedure study:
UNIT II: Pre-Trial Process and Commencement – BNSS, 2023
1. Magisterial Cognizance & Timelines
(BNSS Sections 210–212)
• Cognizance = Judicial notice taken by Magistrate of an offence to initiate proceedings.
• A Magistrate takes cognizance when:
o Receives a complaint (Section 190/210).
o Receives a police report (chargesheet).
o On information from any other source.
• Timelines:
o Prompt cognizance ensures speedy trial.
o Certain offences have limitation periods under BNSS & Limitation Act.
2. Dismissal of Complaints
(BNSS Section 223)
• After examining complainant and witnesses under oath (Sections 221–222), the Magistrate
may:
o Dismiss the complaint under Section 223 if:
▪ No sufficient grounds to proceed.
o Must record brief reasons for dismissal.
• Remedy: Complainant can file revision or fresh complaint.
3. Commencement of Proceedings
• After cognizance is taken:
o Process issued (summons/warrant) to secure attendance of accused (Sec 229).
o If police report submitted (Sec 193), Magistrate examines the report and supporting
material.
• Initial hearing may involve:
o Consideration of discharge (if no prima facie case).
o If prima facie case exists → move to framing of charges.
4. Framing and Joinder of Charges
(BNSS Sections 248–257)
• Charge = Formal accusation stating offence(s) against the accused.
• Must be:
o Clear, specific, and read/explained to the accused.
o Framed in writing (in warrant cases).
• Joinder of Charges:
o One person can be charged with multiple offences.
o Multiple persons can be charged jointly if offences arise from the same transaction.
5. Appearance & Production – Use of Electronic Means
(BNSS Sections 230–233)
• Electronic Appearance allowed:
o Video conferencing for accused, witnesses, experts.
o Useful for speedy trials and safety concerns.
• Court must ensure:
o Identification of the person.
o Consent and fair opportunity to defend.
6. Plea of Guilt; Limitation for Cognizance
(BNSS Sections 284, 275, 217–218)
• Plea of Guilty:
o Accused may plead guilty voluntarily.
o Magistrate must record the plea and may convict.
o No pressure or inducement allowed.
• Limitation for Cognizance:
o For minor offences:
▪ 6 months (if punishable ≤1 year),
▪ 1 year (if punishable ≤3 years),
▪ 3 years (if punishable ≥3 but <7 years).
o No limitation for serious offences (≥7 years/life/death).
7. Bail and Bond Provisions
(BNSS Sections 479–495)
• Bailable Offence: Accused has a right to bail.
• Non-Bailable Offence: Bail is discretionary.
• Bail Bond: Surety agreement to appear in court.
• Anticipatory Bail: Under BNSS, now explicitly codified and preserved from CrPC.
• Magistrate must consider:
o Nature of offence,
o Criminal history,
o Flight risk, tampering of evidence.
• Time-bound bail for undertrial prisoners to reduce overcrowding.
Quick Summary Table
Topic Key Provisions & Sections (BNSS)
Cognizance & Timelines Secs 210–212; Cognizance on complaint/report
Dismissal of Complaints Sec 223; No sufficient grounds after examining complainant
Commencement of Proceedings After cognizance; summons/warrant issued
Framing of Charges Secs 248–257; Formal charge framed in writing
Joinder of Charges Multiple offences/persons if same transaction
Electronic Appearance Secs 230–233; VC allowed with safeguards
Plea of Guilt Sec 284; Voluntary plea, may lead to conviction
Limitation for Cognizance Sec 217; Based on punishment severity
Bail & Bond Secs 479–495; Bailable/non-bailable + anticipatory bail
Let me know if you'd like case laws, flowcharts, or MCQs for this unit.
You said:
Unit I: Introduction Meaning & Importance of Criminal Procedure Salient Features of BNSS and
Constitutional Dimensions Key Topics: FIR (First Information Report), Zero FIR Classification of
Offences Bail, Bail Bond, Bond Audio-Video Electronic Means Role of Victim and Investigation Police
and Prosecution Duties Arrest: Concept, Procedure, Safeguards Handcuffing, Proclamation of
Absconders Preliminary Inquiry, Complaint
ChatGPT said:
Here's a comprehensive Unit I: Introduction summary under the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, tailored for law exams under KSLU and other Indian law courses:
UNIT I: INTRODUCTION TO CRIMINAL PROCEDURE
1. Meaning & Importance of Criminal Procedure
• Criminal Procedure governs the machinery for investigation, trial, punishment, and appeal in
criminal cases.
• Ensures:
o Due process of law.
o Protection of rights of the accused and the victim.
o Fair, speedy, and impartial trials.
• Codified under BNSS, 2023, replacing the old CrPC, 1973.
2. Salient Features of BNSS, 2023
• Digital-first: Allows electronic FIRs, e-summons, and video trials.
• Emphasis on victim rights and speedy justice.
• Introduces:
o Zero FIR (FIR at any station),
o Use of technology in investigation and trial,
o Time-bound processes (e.g., judgment delivery within 45 days).
• Preserves constitutional values under Articles 20, 21, 22.
3. FIR (First Information Report) – BNSS Section 173
• First step in criminal investigation (cognizable offences).
• Must be recorded:
o In writing, signed by informant.
o Can be audio/video recorded.
• Copy to be given free of cost to informant.
Zero FIR
• Can be registered at any police station, even if outside jurisdiction.
• Must later be transferred to the appropriate station.
• Helps prevent delay in sensitive matters (e.g., rape, accidents).
4. Classification of Offences
Category Explanation
Cognizable Police can arrest without warrant (e.g., murder)
Non-Cognizable Police need magistrate's permission to arrest (e.g., defamation)
Bailable Accused has right to bail
Non-Bailable Bail is discretionary
Compoundable Can be settled between parties
Non-Compoundable Cannot be settled, must proceed in court
5. Bail, Bail Bond, and Bond
• Bail: Temporary release of accused with conditions.
• Bail Bond: Legal document ensuring appearance of accused.
• Bond: Personal or surety guarantee to ensure compliance with court directions.
• BNSS emphasizes:
o Proportional bail (esp. for poor, marginalized).
o Default bail if charge sheet not filed in 60/90 days.
6. Audio-Video Electronic Means – BNSS Sections 530–533
• Enabled in:
o Recording of FIRs.
o Witness examination.
o Search and seizure (especially for sexual offences).
o Accused appearance via video conferencing.
• Increases transparency, reduces delays and costs.
7. Role of Victim and Investigation
• Victim’s rights enhanced:
o Right to information, compensation, and representation.
• Investigation includes:
o Collection of evidence.
o Medical exams (especially in rape cases).
o Filing of chargesheet (BNSS Sec 193).
• Victim can challenge bail or appeal acquittal.
8. Police and Prosecution Duties
• Police:
o Register FIR, investigate fairly.
o Arrest, collect evidence, present charge sheet.
• Public Prosecutor:
o Represents the State in trial.
o Ensures fair prosecution, not just conviction.
9. Arrest: Concept, Procedure, Safeguards – BNSS Sections 35–60
• Arrest = Taking into custody by lawful authority.
• Must be:
o Based on valid grounds (reasonable suspicion).
o Informed reasons, right to legal counsel, family informed.
• Woman cannot be arrested after sunset, unless special reasons exist.
10. Handcuffing, Proclamation of Absconders
• Handcuffing:
o Not to be used routinely.
o Only when necessary (violent accused, escape risk).
o Must be recorded with reasons.
• Proclamation of Absconder – BNSS Section 84:
o When accused evades arrest, court may:
▪ Issue proclamation to appear.
▪ Attach property if non-compliant.
11. Preliminary Inquiry & Complaint
• Preliminary Inquiry: Conducted before FIR in:
o Matrimonial disputes, medical negligence, etc.
• Complaint – BNSS Section 208:
o Allegation of offence made to a Magistrate.
o May lead to Magisterial inquiry and cognizance.
Quick Revision Table
Topic Highlights
Topic Highlights
Meaning & Importance Ensures fair trial, protects rights
BNSS Features Technology, Zero FIR, timelines, victim rights
FIR & Zero FIR First report of cognizable offence; allowed at any PS
Classification of Offences Cognizable/Non-Cognizable; Bailable/Non-Bailable
Bail & Bond Conditions for release, sureties involved
Electronic Means VC, e-FIR, digital evidence accepted
Role of Victim Right to participate, compensation, representation
Police/Prosecution Investigation & fair trial responsibilities
Arrest Procedure Legal safeguards, no arbitrary detention
Handcuffing & Absconding Use only with justification; proclamation for absconders
Complaint & Inquiry Complaint = direct info to Magistrate; Inquiry precedes FIR
Let me know if you’d like one-page notes, case references, or flowcharts for this unit.
You said:
past exam questions
ChatGPT said:
Here are past exam questions and likely model questions from Unit I: Introduction to Criminal
Procedure (based on CrPC / BNSS pattern) – useful for KSLU law exams and similar university
exams:
UNIT I – PAST/EXPECTED QUESTIONS: CRIMINAL PROCEDURE / BNSS
Short Answer Questions (3–5 Marks)
1. What is an FIR?
2. What is Zero FIR?
3. Distinguish between cognizable and non-cognizable offences.
4. What is the difference between bailable and non-bailable offences?
5. Define bail bond.
6. Explain the importance of electronic recording in criminal investigation.
7. What do you mean by complaint under criminal procedure?
8. What is the meaning and object of arrest?
9. What is the role of a victim in criminal proceedings under BNSS?
10. What are the constitutional safeguards available during arrest?
Medium Answer Questions (6–10 Marks)
1. What are the salient features of the BNSS, 2023?
2. Explain the classification of offences under criminal law.
3. What is the procedure for arrest and the safeguards available under BNSS?
4. Explain the duties of police officers at the time of lodging an FIR.
5. What is a preliminary inquiry? In what cases is it required before registration of FIR?
6. Explain the duties of police and prosecution in a criminal case.
7. Explain the role of audio-visual electronic means in criminal procedure.
Long Answer / Essay Questions (15 Marks)
1. Define and explain First Information Report (FIR). What are the essentials and evidentiary
value of an FIR?
2. Discuss the concept of arrest under criminal law. What are the procedures and legal
safeguards under the Constitution and BNSS?
3. What is the significance of Zero FIR and how does it enhance access to justice?
4. Examine the role of the victim in criminal proceedings. How has BNSS strengthened victim
rights?
5. Critically analyze the importance of criminal procedure in the administration of criminal
justice.
Let me know if you want:
• Solved answers for any of the above,
• A PDF question bank, or
• Case law references to support your answers.
You said:
unit wise sepate question past exam kslu
ChatGPT said:
Here is a unit-wise collection of past and expected exam questions for BNSS / Criminal Procedure
based on Karnataka State Law University (KSLU) exam pattern. These cover commonly asked and
important questions from previous years and expected patterns post-BNSS implementation.
UNIT I – Introduction to Criminal Procedure
1. Define Criminal Procedure. Discuss its object and importance.
2. What is an FIR? Explain the procedure and evidentiary value.
3. Explain the concept and significance of Zero FIR.
4. Distinguish between:
o Cognizable and non-cognizable offences
o Bailable and non-bailable offences
5. Explain the procedure for arrest and safeguards available to the accused.
6. Discuss the use of audio-video electronic means in criminal trials.
7. Explain the role of police and prosecution in criminal justice system.
8. Who is a proclaimed offender? What is the procedure to declare a person absconding?
9. What is the difference between a complaint and an FIR?
UNIT II – Pre-Trial Process and Commencement
1. What is cognizance of offence? Who can take cognizance under BNSS?
2. Discuss the procedure for dismissal of complaint by Magistrate.
3. Explain the process of commencement of proceedings after FIR is registered.
4. What is framing of charge? Can charges be altered or joined?
5. Explain the joinder of charges and joinder of accused.
6. Describe the provisions relating to appearance and production of accused through
electronic means.
7. What is a plea of guilt? When can it be accepted?
8. Discuss the limitation periods for taking cognizance under BNSS.
9. Write a note on bail and bond provisions under BNSS.
UNIT III – Trial Process
1. Explain the procedure for Sessions Trials.
2. Distinguish between:
o Warrant case and summons case
o Summary trial and regular trial
3. Discuss the importance of summary trials.
4. What is plea bargaining? State its procedure and benefits.
5. What is compounding of offences? Name compoundable and non-compoundable offences.
6. Define and distinguish concurrent and consecutive sentences.
7. Explain the right of appeal and revision under BNSS.
8. What is reference? When can a Magistrate make reference to the High Court?
9. Write a note on security for good behaviour.
10. Discuss the procedure for maintenance and its enforcement.
UNIT IV – Miscellaneous Procedures
1. What are the contents of a judgment under BNSS?
2. Explain the grounds and process for transfer of cases.
3. Discuss the powers of remission, suspension, and commutation of sentences.
4. Explain the procedure for property disposal during and after trial.
5. What is the importance of photography and videography in property seizure?
6. Write a note on preventive action by police officers.
7. What are irregular proceedings? Which irregularities vitiate trial?
8. Discuss the provisions for victim compensation and free treatment.
UNIT V – Juvenile Justice & Probation
1. Write a note on the salient features of the Juvenile Justice (Care & Protection) Act, 2015.
2. Explain the composition and powers of the Juvenile Justice Board (JJB).
3. Who is a child in conflict with law? Explain the procedure to be followed.
4. What are the functions of the Child Welfare Committee (CWC)?
5. Define Probation. What are the provisions for release of offenders on probation under the
Probation of Offenders Act, 1958?
6. What is an order of compensation under the Probation Act?
7. Write a short note on appeal and revision under the Probation of Offenders Act.
Would you like these questions in a PDF format for print or offline study? I can also provide solved
model answers unit-wise.
You said:
Write a note on the salient features of the Juvenile Justice (Care & Protection) Act, 2015. Explain the
composition and powers of the Juvenile Justice Board (JJB). Who is a child in conflict with law?
Explain the procedure to be followed. What are the functions of the Child Welfare Committee
(CWC)? Define Probation. What are the provisions for release of offenders on probation under the
Probation of Offenders Act, 1958? What is an order of compensation under the Probation Act? Write
a short note on appeal and revision under the Probation of Offenders Act.
ChatGPT said:
Here are detailed yet concise answers to the questions based on Unit V: Juvenile Justice &
Probation under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Probation
of Offenders Act, 1958, suitable for KSLU exams and other law university evaluations:
Write a note on the salient features of the Juvenile Justice (Care & Protection) Act, 2015.
Salient Features of JJ Act, 2015:
1. Classification of Children:
o Child in Conflict with Law (CCL)
o Child in Need of Care and Protection (CNCP)
2. Trial of Children Aged 16–18 in Heinous Crimes:
o Permits preliminary assessment to try juveniles as adults in heinous cases.
3. Child-Friendly Procedures:
o Ensures privacy, non-stigmatization, and rehabilitation.
4. Juvenile Justice Board (JJB):
o Deals with CCL cases; includes social workers and judicial magistrate.
5. Child Welfare Committee (CWC):
o Handles CNCP cases; ensures care, protection, and rehabilitation.
6. Institutional Care:
o Provision for Observation Homes, Special Homes, and Fit Facilities.
7. Adoption and Foster Care:
o Clear provisions for declaring children free for adoption.
8. Rehabilitation and Social Integration:
o Focus on education, vocational training, and counselling.
Explain the composition and powers of the Juvenile Justice Board (JJB).
Composition of JJB (Sec 4):
• Constituted for every district.
• One Principal Magistrate (Judicial Magistrate First Class, with child psychology training).
• Two Social Workers, one must be a woman.
Powers and Functions:
• Inquire and decide cases involving Children in Conflict with Law.
• Conduct preliminary assessment for heinous offences (16–18 years).
• Pass rehabilitative orders (not punitive).
• Refer child for counselling, probation, or placement in Special Homes.
• May refer serious offences to Children's Court for adult trial.
Who is a child in conflict with law? Explain the procedure to be followed.
Definition (Sec 2(13)):
A Child in Conflict with Law (CCL) is a person below 18 years alleged or found to have committed an
offence.
Procedure:
1. Apprehension:
o Police must inform parents and produce child before JJB within 24 hours.
2. Preliminary Assessment:
o For heinous offences by children aged 16–18, JJB assesses mental capacity and
decides trial mode.
3. Inquiry by JJB:
o Child-friendly, non-adversarial inquiry.
o Legal aid, social investigation, and counselling provided.
4. Outcome:
o Orders for probation, community service, or Special Home.
o No capital punishment or life imprisonment without release.
What are the functions of the Child Welfare Committee (CWC)?
CWC Functions (Sec 27):
1. Care & Protection:
o Declare a child as CNCP (Child in Need of Care and Protection).
2. Rescue & Restoration:
o Take custody of abandoned/abused/trafficked children.
o Place child with Fit Person, Foster Care, or Institution.
3. Legal Free for Adoption:
o Declare a child legally free for adoption when needed.
4. Medical & Psychological Support:
o Ensure counselling, education, and healthcare.
5. Monitoring & Reporting:
o Conduct regular inspections and issue directions to child care institutions.
6. Rehabilitation Plan:
o Prepare and oversee Individual Care Plan for each child.
Define Probation. What are the provisions for release of offenders on probation under the
Probation of Offenders Act, 1958?
Definition of Probation:
Probation is a method of allowing an offender to remain in society under supervision instead of
serving a jail sentence, based on good behaviour and reform potential.
Provisions for Release:
• Section 3 – After Admonition:
o Minor offenders can be released after a warning if offence is not serious.
• Section 4 – On Probation of Good Conduct:
o Offender is released on bond, with or without sureties.
o Placed under supervision of Probation Officer.
o Duration: 1 to 3 years.
• Section 6:
o Mandatory consideration for persons below 21 years.
o Court must record reasons if not granting probation.
What is an order of compensation under the Probation Act?
Section 5 – Compensation Order:
• The court may direct the offender to:
o Pay compensation to the victim or their dependents.
o Reimburse expenses arising from the offence (e.g., medical costs).
• This can be in addition to or instead of other orders, including probation.
Write a short note on appeal and revision under the Probation of Offenders Act.
Appeal and Revision (Sec 11):
• Appeal:
o The aggrieved person can appeal against probation orders under general provisions
of BNSS (previously CrPC).
o Includes appeal against grant, refusal, or conditions of probation.
• Revision:
o Higher courts (Sessions Court or High Court) can revise probation orders to ensure
legality and propriety.
• Purpose:
o Ensure judicial oversight and prevent misuse or misapplication of probation.
Let me know if you’d like a PDF of these answers, case law references, or a one-page revision chart
for Unit V.
You said:
What are the contents of a judgment under BNSS? Explain the grounds and process for transfer of
cases. Discuss the powers of remission, suspension, and commutation of sentences. Explain the
procedure for property disposal during and after trial. What is the importance of photography and
videography in property seizure? Write a note on preventive action by police officers. What are
irregular proceedings? Which irregularities vitiate trial? Discuss the provisions for victim
compensation and free treatment.
ChatGPT said:
Here are clear, exam-oriented answers to the questions from Unit IV: Miscellaneous Procedures
under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, suitable for KSLU and similar law
exams:
What are the contents of a judgment under BNSS?
(Sections 367–377 BNSS)
A judgment is the final order of the court determining guilt or innocence.
Essential Contents:
• Point(s) for determination
• Findings on each point
• Reasons for the findings
• Clear declaration of conviction or acquittal
• If convicted, details of sentence awarded
• Compensation order, if applicable
• Language: Must be in the language of the court
• Signed and dated by the Presiding Judge
Special Provisions:
• In case of plea bargaining, a brief judgment is allowed.
• Victim’s right to receive a copy of judgment is recognized.
Explain the grounds and process for transfer of cases.
(Sections 442–448 BNSS)
Grounds for Transfer:
• To ensure fair and impartial trial
• Convenience of parties or witnesses
• Prejudice in current location
• Public interest or expediency
Authorities & Process:
• High Court can transfer:
o From one Sessions Court to another
o Between Magistrates under its jurisdiction
• Sessions Judge can transfer:
o Between Magistrates in the same sessions division
• Magistrate/Judge can refer transfer request to higher authority.
• Application by parties or suo motu by court.
Discuss the powers of remission, suspension, and commutation of sentences.
(Sections 477–478 BNSS + Constitutional Articles 72 & 161)
1. Suspension:
Temporarily halts execution of sentence for a period (e.g., during appeal).
2. Remission:
Reduces the duration of the sentence without changing its nature.
3. Commutation:
Substitutes a sentence with a lesser punishment (e.g., death → life imprisonment).
Authorities with Power:
• State Government (BNSS & Article 161)
• Central Government (in Union matters, Art. 72)
• Prison authorities may recommend remission based on conduct.
Explain the procedure for property disposal during and after trial.
(Sections 499–500 BNSS)
Disposal Types:
• Return to rightful owner
• Confiscation to government
• Destruction (e.g., narcotics)
• Auction (for perishable/unclaimed goods)
Stages:
1. During Investigation: Property may be seized and preserved.
2. During Trial: May be kept in custody or conditionally returned.
3. After Trial:
o Court issues final disposal order.
o If no claimant within 6 months → auction.
Record-Keeping:
Mandatory documentation, tagging, and inventory.
What is the importance of photography and videography in property seizure?
(BNSS Section 499)
Purpose:
• Ensures transparency and prevents manipulation.
• Creates digital evidence admissible in court.
Situations where mandatory:
• Search and seizure operations.
• Electronic evidence or crimes like cybercrime, sexual offences.
• Recovery of physical evidence in serious cases.
Benefits:
• Protects rights of accused and victims.
• Aids in identification and tracing of stolen property.
• Useful for cases involving perishable or fragile items.
Write a note on preventive action by police officers.
(Sections 149–153 BNSS)
Objective: Prevent commission of cognizable offences.
Key Powers:
• Section 149: Police may interpose to prevent a crime.
• Section 150: Duty to inform superior officers of planned offences.
• Section 151: Arrest without warrant to prevent an offence.
• Section 152: Protect public property.
• Section 153: Inspect weights, measures, places likely to breach peace.
Safeguards:
• Must act in good faith.
• Cannot arrest arbitrarily without evidence of imminent threat.
What are irregular proceedings? Which irregularities vitiate trial?
(Sections 522–528 BNSS)
Irregular Proceedings:
When a magistrate/court acts without proper authority or in wrong manner.
Types:
1. Curable Irregularities (Sec 526):
o Do not vitiate trial if no failure of justice.
o E.g., trial by wrong magistrate with jurisdiction.
2. Incurable Irregularities (Sec 527):
o Vitiate trial completely.
o E.g., sentence passed without authority, absence of accused.
Test Applied:
Whether there is “failure of justice” due to the irregularity.
Discuss the provisions for victim compensation and free treatment.
(Sections 396 & 473 BNSS)
Victim Compensation (Sec 396):
• Court-directed payment to victim by accused or government.
• Can be ordered even if accused is acquitted, if victim suffered injury.
• Interim compensation can be ordered during trial.
• State Legal Services Authority (SLSA) to manage and disburse funds.
Free Treatment (Sec 473):
• Mandatory free medical treatment for victims:
o Especially for rape, acid attack, and serious injuries.
• Police to ensure immediate care.
• Public and private hospitals must comply.
Would you like all of this compiled into a PDF study guide or require case law additions to these
answers for better scoring?
You said:
Explain the procedure for Sessions Trials. Distinguish between: Warrant case and summons case
Summary trial and regular trial Discuss the importance of summary trials. What is plea bargaining?
State its procedure and benefits. What is compounding of offences? Name compoundable and non-
compoundable offences. Define and distinguish concurrent and consecutive sentences. Explain the
right of appeal and revision under BNSS. What is reference? When can a Magistrate make reference
to the High Court? Write a note on security for good behaviour. Discuss the procedure for
maintenance and its enforcement
ChatGPT said:
Here are well-structured, exam-oriented answers for Unit III: Trial Process under the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, ideal for KSLU and other Indian law university exams:
Explain the procedure for Sessions Trials.
(BNSS Sections 241–257)
Sessions Trials are used for serious offences (punishable with more than 7 years, life imprisonment,
or death).
Procedure:
1. Case Commitment: Magistrate commits case to Sessions Court after finding prima facie
evidence.
2. Opening by Prosecutor: Outlines charges and evidence (Sec 245).
3. Framing of Charge: If court finds ground, charge is framed and read to accused (Sec 248).
4. Plea of Accused: Accused pleads guilty or not guilty.
5. Prosecution Evidence: Witnesses examined and cross-examined.
6. Statement of Accused: Under Sec 263; accused explains facts/circumstances.
7. Defence Evidence: Accused may lead evidence if he chooses.
8. Arguments: Heard from both sides.
9. Judgment: Acquittal or conviction (Sec 270).
10. Sentence: If convicted, sentence is pronounced after hearing the accused (Sec 271).
Distinguish between: Warrant Case and Summons Case
Point Warrant Case Summons Case
Nature of offence Punishable with >2 years or more Punishable with ≤2 years
Charge Framed in writing No formal charge; only notice given
Procedure Lengthy and detailed Simplified and faster
Discharge possible Yes, before charge is framed Not usually applicable
Examples Murder, robbery Hurt, public nuisance
Distinguish between: Summary Trial and Regular Trial
Point Summary Trial Regular Trial
Minor offences (≤3 months
Applicability All other offences
imprisonment)
Any competent Magistrate or Sessions
Magistrate Specially empowered Magistrate
Judge
Full procedure: charges, evidence,
Procedure Short, oral recording, fewer formalities
arguments
Sentence
Max 3 months Based on offence; can be >3 months
limit
Objective Speedy disposal of petty cases Comprehensive justice process
Discuss the importance of summary trials.
• Reduces burden on courts.
• Ensures speedy justice.
• Saves time and resources for court, parties, and police.
• Useful for offences like petty theft, affray, public nuisance.
• Promotes public confidence by quick disposal.
What is plea bargaining? State its procedure and benefits.
(BNSS Sections 290–294)
Definition:
Plea bargaining is a process where the accused voluntarily pleads guilty in exchange for a lesser
sentence or penalty.
Procedure:
1. Accused files an application in court.
2. Court verifies that it is voluntary, not coerced.
3. Negotiations between prosecution and accused.
4. Mutually satisfactory disposition is reached.
5. Court awards sentence accordingly and records judgment.
Benefits:
• Reduces trial delay.
• Lessens court backlog.
• Offers leniency and quick resolution for accused.
• Victim may receive compensation.
• Encourages cooperation in justice delivery.
What is compounding of offences? Name compoundable and non-compoundable offences.
(BNSS Section 359)
Definition:
Compounding means settling a case between victim and accused, leading to closure of proceedings.
Types:
1. Compoundable without court permission – e.g., adultery, hurt.
2. Compoundable with court permission – e.g., criminal breach of trust.
Effect:
Equivalent to acquittal.
Examples:
Compoundable Offences Non-Compoundable Offences
Hurt (Sec 323 IPC) Murder (Sec 302 IPC)
Criminal trespass Rape (Sec 376 IPC)
Defamation Dowry death (Sec 304B IPC)
Define and distinguish concurrent and consecutive sentences.
(BNSS Section 468)
• Concurrent Sentences:
Multiple sentences run simultaneously.
• Consecutive Sentences:
Sentences run one after another.
Basis Concurrent Consecutive
Sentences added one after
Duration All sentences run together
another
Court’s
Yes Yes
Discretion
3 years for theft + 2 years for assault → both run
Example Total 5 years
together → total 3 years
Explain the right of appeal and revision under BNSS.
(Sections 476–494 BNSS)
Appeal:
• A statutory right.
• Can be filed against:
o Conviction,
o Acquittal (by victim/state),
o Inadequate sentence.
• Appeal lies to Sessions Court or High Court depending on the court of original trial.
Revision:
• Discretionary power of higher court (Sessions or High Court).
• To correct legal errors or jurisdictional defects.
• No appeal required for revision to be filed.
What is reference? When can a Magistrate make reference to the High Court?
(BNSS Section 495)
Definition:
A reference is made by a lower court to High Court when it has doubt about legality, validity, or
interpretation of a law.
When made:
• Magistrate feels uncertain about legality of an Act, rule, or provision.
• May arise in complex constitutional or legal issues.
Effect:
• High Court gives binding opinion.
Write a note on security for good behaviour.
(BNSS Sections 125–136)
Purpose:
To prevent habitual offenders or dangerous persons from disturbing public peace.
Procedure:
• Magistrate issues show cause notice.
• Person must give bond with or without sureties.
• Can be for 1 to 3 years.
• Non-compliance leads to detention.
Discuss the procedure for maintenance and its enforcement.
(BNSS Sections 144–147)
Who Can Claim?
• Wife (even if divorced, if not remarried)
• Children (minor or unable to maintain themselves)
• Parents
Procedure:
1. File application before Magistrate.
2. Notice issued to opposite party.
3. Court records evidence.
4. Orders monthly maintenance based on income, needs.
Enforcement:
• If default, court can order imprisonment up to 1 month for each month unpaid.
Let me know if you'd like PDF notes, MCQs, or case law references for these topics.
You said:
What is cognizance of offence? Who can take cognizance under BNSS? Discuss the procedure for
dismissal of complaint by Magistrate. Explain the process of commencement of proceedings after FIR
is registered. What is framing of charge? Can charges be altered or joined? Explain the joinder of
charges and joinder of accused. Describe the provisions relating to appearance and production of
accused through electronic means. What is a plea of guilt? When can it be accepted? Discuss the
limitation periods for taking cognizance under BNSS. Write a note on bail and bond provisions under
BNSS.
ChatGPT said:
Here are clear and concise answers to your questions from Unit II: Pre-Trial Process and
Commencement under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, tailored for KSLU and
other law university exams:
What is cognizance of offence? Who can take cognizance under BNSS?
(BNSS Section 210)
Cognizance:
Means the Magistrate’s judicial notice of an offence with a view to proceeding in law.
Who can take it?
• Judicial Magistrates (First and Second Class)
• Chief Judicial Magistrate
• Sessions Court (if empowered)
Modes of Taking Cognizance:
1. Upon police report (charge sheet)
2. Upon complaint by private person
3. Suo motu by Magistrate
Note: Taking cognizance is prior to issue of summons/warrants.
Discuss the procedure for dismissal of complaint by Magistrate.
(BNSS Section 223)
When Complaint Can Be Dismissed:
• After examining the complainant and witnesses under oath (Sec 222).
• If no sufficient grounds for proceeding.
• If case is civil in nature, or lacks jurisdiction, or is frivolous.
Order Must Be:
• In writing, with brief reasons recorded.
Example: A complaint of cheating with no prima facie evidence → dismissal.
Explain the process of commencement of proceedings after FIR is registered.
(BNSS Sections 193–195)
Steps:
1. FIR registered by police under Sec 173.
2. Investigation → evidence, witnesses, forensic reports.
3. Charge sheet (police report) filed under Sec 193.
4. Magistrate takes cognizance (Sec 210).
5. Process issued: Summons or warrant.
6. Accused appears before court → proceedings commence.
What is framing of charge? Can charges be altered or joined?
(BNSS Sections 248–253)
Framing of Charge:
• Formal accusation read to the accused in writing.
• Done when prima facie case exists.
Alteration of Charges (Sec 253):
• Allowed at any stage before judgment.
• Court must inform the accused and allow them to defend.
Joinder of Charges (Sec 256–257):
• Multiple offences can be charged together if part of same transaction.
Explain the joinder of charges and joinder of accused.
(BNSS Sections 256–259)
Joinder of Charges:
• One person may be charged with multiple offences:
o Of same kind committed within 12 months.
o Part of the same transaction.
Joinder of Accused:
• Several persons can be jointly tried if:
o Accused of the same offence.
o Offences committed during same transaction.
o One accused of abetting/aiding another.
Purpose: Prevent multiplicity of trials.
Describe the provisions relating to appearance and production of accused through electronic
means.
(BNSS Sections 530–533)
Key Provisions:
• Courts can allow video conferencing for:
o Accused’s appearance
o Recording of evidence
o Arguments
Safeguards:
• Must ensure:
o Identity verification
o Opportunity to be heard
o Right to legal counsel
Objective: Promote efficiency and ensure timely trial.
What is a plea of guilt? When can it be accepted?
(BNSS Sections 241, 262, 274)
Plea of Guilt:
• Voluntary admission of guilt by the accused at the beginning of trial.
Acceptance Conditions:
• Must be:
o Voluntary
o Informed (accused understands consequences)
• Court may convict on plea without trial.
Benefits:
• Quick disposal, leniency in sentence.
Note: Not mandatory for court to accept plea—court may still proceed with trial.
Discuss the limitation periods for taking cognizance under BNSS.
(BNSS Section 223)
Time Limits (based on punishment):
Offence Punishable With Limitation Period
Fine only 6 months
≤ 1 year imprisonment 1 year
≥ 1 year but ≤ 3 years imprisonment 3 years
> 3 years imprisonment No limitation
When Does Time Begin?
• From the date of:
o Offence,
o Or knowledge of offence, or
o Identification of offender (whichever is later).
Write a note on bail and bond provisions under BNSS.
(BNSS Sections 479–491)
Types of Bail:
1. Bailable Offence: Right to bail; police or court must grant.
2. Non-Bailable Offence: Discretionary; court may impose conditions.
When Bail May Be Denied:
• Habitual offender,
• May influence witnesses or tamper evidence,
• Risk of absconding.
Bond (Section 489):
• A written guarantee for appearance before court.
• May be with or without sureties.
Default Bail (Section 193(8)):
• If charge sheet not filed within:
o 60 days (for offences <10 years),
o 90 days (for offences ≥10 years),
o Accused is entitled to bail.
Let me know if you’d like a PDF compilation, case laws, or MCQs for Unit II.
You said:
UNIT I – Introduction to Criminal Procedure Define Criminal Procedure. Discuss its object and
importance. What is an FIR? Explain the procedure and evidentiary value. Explain the concept and
significance of Zero FIR. Distinguish between: Cognizable and non-cognizable offences Bailable and
non-bailable offences Explain the procedure for arrest and safeguards available to the accused.
Discuss the use of audio-video electronic means in criminal trials. Explain the role of police and
prosecution in criminal justice system. Who is a proclaimed offender? What is the procedure to
declare a person absconding? What is the difference between a complaint and an FIR
ChatGPT said:
Here are concise and exam-ready answers for Unit I: Introduction to Criminal Procedure under the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, tailored for KSLU and other law exams:
Define Criminal Procedure. Discuss its object and importance.
Definition:
Criminal Procedure refers to the rules and processes that govern investigation, inquiry, trial, and
punishment of offences.
Object & Importance:
• Ensure fair and speedy justice.
• Protect rights of accused and victims.
• Maintain public order and rule of law.
• Lay down powers of police, magistrates, and courts.
• Avoid misuse of authority through procedural safeguards.
What is an FIR? Explain the procedure and evidentiary value.
(BNSS Section 173)
FIR (First Information Report):
• The first recorded information of a cognizable offence given to the police.
Procedure:
• Given orally or in writing.
• Must be entered in the daily diary.
• Copy given to the informant free of cost.
Evidentiary Value:
• Not substantive evidence.
• Can be used to corroborate or contradict the informant.
• Marks the beginning of investigation.
Explain the concept and significance of Zero FIR.
Zero FIR:
• An FIR registered at any police station, regardless of jurisdiction.
• Later transferred to the proper police station.
Significance:
• Ensures prompt action, especially in serious offences (e.g., rape, accident).
• Prevents denial of justice due to jurisdiction issues.
Legal Basis: Though not defined in CrPC or BNSS, upheld by court guidelines and Ministry of Home
Affairs advisories.
Distinguish between: Cognizable and Non-Cognizable Offences
Aspect Cognizable Offence Non-Cognizable Offence
Definition Police can arrest without warrant Police cannot arrest without warrant
Police powers Can investigate directly Need Magistrate’s permission
Examples Murder, rape, robbery Defamation, public nuisance
Distinguish between: Bailable and Non-Bailable Offences
Aspect Bailable Offence Non-Bailable Offence
Right to bail As a matter of right At court’s discretion
Police authority Can grant bail Cannot grant bail
Examples Hurt, simple theft Murder, kidnapping
Explain the procedure for arrest and safeguards available to the accused.
(BNSS Sections 35–63)
Procedure:
• Police must identify themselves.
• Inform the person of grounds of arrest.
• Prepare arrest memo signed by witness.
• Produce before magistrate within 24 hours.
Safeguards (D.K. Basu Guidelines + BNSS):
• Right to inform relative/lawyer.
• Medical check-up every 48 hours.
• Right to remain silent (Article 20(3)).
• No unnecessary handcuffing (unless required).
Discuss the use of audio-video electronic means in criminal trials.
(BNSS Sections 532–533, 530)
Use in:
• Recording confessions and statements.
• Appearance of accused (especially during remand).
• Recording evidence of witnesses.
• Search and seizure operations.
Benefits:
• Ensures transparency.
• Speeds up proceedings.
• Reduces need for physical production.
• Prevents tampering and coercion.
Explain the role of police and prosecution in criminal justice system.
Police:
• Register FIR, investigate, collect evidence.
• Arrest and produce accused before court.
• File charge sheet under BNSS Sec. 193.
Prosecution:
• Conduct trial on behalf of the State.
• Examine witnesses, argue law and evidence.
• Advise police during investigation (in serious cases).
• Seek justice—not just conviction.
Who is a proclaimed offender? What is the procedure to declare a person absconding?
(BNSS Sections 84–86)
Proclaimed Offender:
A person evading arrest, despite warrants, declared as such by a court.
Procedure:
1. Issue of warrant of arrest.
2. If absconding, issue of proclamation (Sec 84).
3. If fails to appear within 30 days, declared proclaimed offender.
4. Court may attach property (Sec 85–86).
Purpose: Pressure the accused to appear and prevent misuse of legal process.
What is the difference between a complaint and an FIR?
Aspect Complaint FIR
Definition Allegation made to a Magistrate Information to Police
Purpose To initiate judicial process To initiate investigation
Format Usually written Oral or written
Type of Offences Mostly non-cognizable Only cognizable
Legal Provisions BNSS Sec. 2(1)(f), Sec. 222 BNSS Sec. 173