Bharatiya Nagarik
Suraksha Sanhita
For
MJPRU / GJUM / CCSU / MSU / Others
Unit I: Introduction to Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Foundational Concepts
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History, Object, Scope, and Extent of the Bharatiya Nagarik Suraksha Sanhita, 2023
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Key shifts and major structural changes from CrPC 1973 to BNSS 2023.
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Definitions: Bailable vs. Non-Bailable, Cognizable vs. Non-Cognizable offences.
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Definitions: Inquiry, Investigation, Trial, Judicial Proceeding, Victim, and Public Prosecutor.
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Classes, hierarchy and Constitution of Criminal Courts and Offices under BNSS.
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Sentences that High Courts, Sessions Judges, and Magistrates may pass.
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Jurisdiction of Criminal Courts in Inquiries and Trials (Territorial jurisdiction).
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Executive Magistrates, Special Magistrates, and Public Prosecutors/Directorate of Prosecution.
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Powers of superior officers of police and public duty to assist Magistrates and Police.
Unit II: Pre-Trial Procedures: Arrest, Compelling Appearance & Production, and Investigation
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Arrest without warrant: Grounds, police powers, and mandatory conditions (Section 35 BNSS).
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Procedure of arrest, duties of arresting officer, and rights of the arrested person.
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Health, safety, and examination of accused/victim of rape by medical practitioner.
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General principles of Bail: Bailable offences, non-bailable offences, and anticipatory bail.
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Process to compel appearance: Summons (Form, service, digital/electronic service).
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Warrant of arrest: Form, duration, execution, and stay of execution.
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Proclamation for person absconding and attachment of property.
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Summons to produce document/thing and general provisions regarding searches.
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Search warrants, search without warrant, seizure, attachment, and forfeiture of property.
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Information in cognizable cases (FIR), e-FIR, and procedure for recording.
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Information in non-cognizable cases and police powers to investigate non-cognizable cases.
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Police officer’s power to require attendance of witnesses and examination of witnesses.
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Statements to police (Section 183 BNSS / 161 CrPC) and recording of confessions/statements by Magistrates.
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Remand procedure (Section 187 BNSS / 167 CrPC), police custody limits, and completion of investigation (Police Report/Challan).
Unit III: Initiation of Criminal Proceedings and Framing of Charges
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Conditions requisite for initiation of proceedings and statutory bars (Sanction requirements).
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Cognizance of offences by Magistrates upon police report, private complaint, or information.
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Cognizance of offences by Courts of Session.
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Complaints to Magistrates: Procedure, examination of complainant, and dismissal of complaint.
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Commencement of proceedings before Magistrates: Issue of process and supply of copy of statements/documents to accused.
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Charge: Definition, form, contents, language, and effect of errors in charge.
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Joinder of charges: Basic rule and statutory exceptions to joinder.
Unit IV: Trial Procedures
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Right to a fair trial: Constitutional and statutory safeguards, speedy trial, and open court principles.
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Use of electronic communication and audio-video means in trials under BNSS.
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Trial before a Court of Session: Opening, framing charge, prosecution evidence, defense, and judgment.
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Trial of Warrant Cases by Magistrates instituted on a police report.
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Trial of Warrant Cases by Magistrates instituted otherwise than on police report (Private complaint).
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Trial of Summons Cases by Magistrates.
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Summary Trials: Power to try summarily, procedure, and sentence limitations.
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Plea Bargaining: Application, scope, procedure, finality of judgment, and exclusions.
Unit V: Preventive Measures, Maintenance, and Post-Trial Remedies
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Security for keeping the peace and for good behavior (Sections 125-143 BNSS framework).
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Maintenance of public order and tranquility: Unlawful assemblies and public nuisances.
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Urgent cases of apprehended danger or nuisance (Section 163 BNSS / 144 CrPC).
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Preventive action of police: Prevention of cognizable offences and injury to public property.
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Order for maintenance of wives, children, and parents: Scope, entitlement, and essential conditions.
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Procedure, interim maintenance, enforcement, and alteration of maintenance orders.
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Appeals: Right of appeal, appeals against convictions, acquittals, and inadequacy of sentence.
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Revision powers of High Court and Sessions Judge.
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Reference to High Court and disposal of reference.
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