BNSS : FIR
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If FIR is lodged by electronic communication,
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It shall be taken on record by officer in charge of Police
Station, on being signed by the informant within three
days by the person giving it.
Prepared by B. M. Patil 63
Duration of P.E.
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Such PE should be conducted
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Within period of 14 days.
Prepared by B. M. Patil 69
Submission of medical report of rape –
victim (Sec 184 BNSS)
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Registered medical practitioner shall,
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forward the report of medical examination,
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to the investigating officer,
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within period of seven days.
days
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Under section 164A CrPC, the said period was
“without delay.”
Prepared by B. M. Patil 105
Section 187(2):
187(2)
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The Magistrate to whom an accused person is forwarded under this section
may,
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Irrespective of whether he has or has no jurisdiction to try the case,
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After taking into consideration whether such person has not been released on
bail, or his bail has been cancelled,
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Authorise, from time to time,
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the detention of the accused in such custody,
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as such Magistrate thinks fit,
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For a term not exceeding fifteen days in the whole, or, in parts,
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at any time during the initial forty days or sixty days,
●
out of the detention of period of sixty days / ninety days, as the case may be.
Prepared by B. M. Patil 110
Information of investigation to the victim :
Sec 193(3)(ii) BNSS
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The Police officer shall,
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Within period of ninety days,
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Inform the progress of investigation
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By any means – including electronic communication,
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To the informant or the victim.
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Likelihood of breach of confidentiality of case diary.
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Interference in investigation by the informant?
Prepared by B. M. Patil 116
Completion of investigation further
investigation : Sec 193(9)
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Further investigation :
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To be conducted with the permission of the trial
Court
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To be completed within 90 days.
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Period of ninety days may be extended with the
permission of the Court.
Prepared by B. M. Patil 118
Inquiry Report of AD case : Sec 194(2)
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Be forwarded to the District Magistrate / SDM
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Within 24 hours.
●
Earlier in Sec 174(2) CrPC, the said time limit
was “forthwith”.
Prepared by B. M. Patil 119
Prosecution of Judges and Public servants : Deemed Sanction
(Sec 197 CrPC : Sec 218 BNSS)
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Government shall take decision
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within period of 120 days
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from the date of the receipt of request for sanction; else,
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sanction shall be deemed to have been accorded.
Prepared by B. M. Patil 123
Supply of documents to the accused
CrPC Section 207 : BNSS Section 230
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Sec 207 CrPC – copy of documents shall be suplied to the accused,
free of costs, without delay.
●
Sec 230 BNSS – copy of documents shall be suplied to the accused,
free of costs, without delay and in no case beyond 14 days from
the date of production or appearance of the accused.
Prepared by B. M. Patil 131
Supply of documents to the victim
BNSS Section 230
●
Supply of Police report and other documents,
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Free of cost, within 14 days from the date of production (or
appearance) of the accused,
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To the victim (if represented by an advocate).
Prepared by B. M. Patil 132
Time bound Committal of case
Sec 209 CrPC – Sec 232 BNSS
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Case should be committed to the sessions court within 90 days
from the date of taking the cognizance.
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Period of ninety days may be extended by the Magistrate upto
180 days – Magistrate has to record reasons therefor.
Prepared by B. M. Patil 135
“Discharge” in sessions trial
Sec 227 CrPC : Sec 250 BNSS
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An application for discharge,
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may be filed by the accused,
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within 60 days,
●
from the date of committal of case.
Prepared by B. M. Patil 140
Time limit for framing of charge
(Section 251 BNSS)
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The Sessions Court shall,
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Charge against the accused,
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Within a period of sixty days,
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From the date of first hearing on charge.
Prepared by B. M. Patil 141
JUDGMENT
Section 258 BNSS : Section 235 CrPC
●
After hearing arguments,
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the Judge shall give a judgment in the case, as soon as possible,
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within 30 days after completion of arguments.
●
the said period may be extended upto 45 days – reasons to be
recorded.
Prepared by B. M. Patil 144
Discharge application
Sec 239 CrPC : Sec 262 BNSS
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Accused may file an application for discharge,
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Within period of 60 days,
●
from the date of supply of copies of documents.
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Accused can be examined through AVEM.
Prepared by B. M. Patil 146
Charge to be framed in time bound manner
Sec 263 BNSS
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Charge has to e framed
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Within 60 days from,
●
date of first hearing on charge.
Prepared by B. M. Patil 147
Discharge for absence of complainant
Sec 272 BNSS
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Where complainant is absent,
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Offence is compoundable and non-cognizable,
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Case is fixed for hearing,
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Magistrate may after giving thirty days time to complainant,
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before the charge has been framed,
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Discharge the accused.
Prepared by B. M. Patil 152
Non appearance / death of complainant
Sec 256 CrPC : Sec 279 BNSS
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If the complainant does not appear,
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Magistrate shall give thirty days time to the complainant,
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‘To remain present in the Court’,
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and still if the accused does not appear,
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the Magistrate shall “acquit” the accused.
Prepared by B. M. Patil 154
Plea Bargaining : time limit – Sec 290 BNSS
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Application for plea bargaining -
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has to be filed by the accused within,
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30 days from the date of framing of charge.,
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Mutually satisfactory disposition to be worked out by both the
parties within 60 days.
Prepared by B. M. Patil 157
Admission of documents : time bound
Sec 294 CrPC – Sec 330 BNSS
●
After supply of documents,
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Parties shall be called upon to admit / deny
●
genuineness of each documents,
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Within 30 days.
Prepared by B. M. Patil 161
Inquiry / trial / judgment in absence of accused
Sec 356 BNSS
●
If an accused is proclaimed offender / absconded accused
●
it shall be deemed that he has waived his right to be present
during the trial.
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Court shall record the reasons, and,
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After 90 days of the framing of charge,
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Proceed with the trial – as if he is present.
●
Court may pronounce the judgment.
Prepared by B. M. Patil 167
Inquiry / trial / judgment in absence of accused
Sec 356 BNSS
●
There should be two consecutive arrest warrants issued to the
accused,
●
within the interval of at least thirty days.
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Proclamation of 30 days should have been published in local /
national newspaper.
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His relatives should have been informed about commencement
of trial.
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Information about commencement of trial should be affixed on
house of the accused and Police Station of the locality.
Prepared by B. M. Patil 168
Time limit to pronounce judgment
Sec 392(1) BNSS : Sec 353 CrPC
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Judgment to be pronounced -
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Within 45 days
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After the termination of trial.
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Notice of the date shall be given to the parties or their advocates.
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[Sec 258 BNSS (Sessions trial)– 30 days to 45 days?]
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Upload the copy of the judgment on Court portal within 7 days.
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If the accused is in custody, judgment may be pronounced through AVEM.
Prepared by B. M. Patil 173
Disposal of property
Sec 497 to 505 BNSS
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Within 14 days from receipt of property,
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Magistrate / Court to prepare statement of property,
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as may be prescribed by the State Government.
Prepared by B. M. Patil 182
Disposal of property
Sec 497 to 505 BNSS
●
Within thirty days of statement / photo / video of property,
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Magistrate / Court shall order -
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Disposal / destruction / confiscation or delivery of the property.
Prepared by B. M. Patil 184
