Unit 1

Q1. Explain the procedure of trial before the Court of Session

Introduction:

The criminal justice system is a series of government institutions and agencies that deliver justice to
people accused of committing crimes. The system's goals include:

 Preventing other crimes

 Rehabilitating offenders
 Providing moral support for victims

Definition of Trial:

In civil, it is used to determine the fact in issue before the court of law. In criminal matters, trial is a
process of determining innocence or guilt of an accused. Determining the fact in issue and determining
the innocence or guilt of an accused is by way of examination of witness adduced by both sides.

Trial before the Court of Session:

The Procedure for Trial before the Court of Session is given under Chapter 19 in the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023 from sections 248 – 260.

The Procedure is as follows:

Section 248: Trial to be conducted by Public Prosecutor

It states that in every trial held before a Court of Session, the prosecution must be conducted by a Public
Prosecutor, meaning that a designated legal representative will handle the case on behalf of the
government in serious criminal proceedings.

Section 249: Opening case for Prosecution

Section 249 states that when an accused person appears before the court, the prosecutor must open the
case by outlining the charges against the accused and detailing the evidence they plan to use to prove the
guilt of the accused; essentially, it mandates that the prosecution clearly present their case at the
beginning of the trial.

The purpose of this section is to ensure clarity and transparency in the prosecution process by clearly
stating the charges and evidence from the beginning.

Section 250: Discharge

According to this section,

 An accused person can file an application to be discharged from the charges within 60 days of the
case being committed to the Court of Session.
  The court will review the case record and documents submitted to decide whether to grant
discharge based on the evidence presented.
 If the court decides to discharge the accused, it must provide reasons for the decision.

Section 251: Framing of Charge

 The primary function of this section is to establish the process of formally charging an accused
individual in a criminal case.
 The judge must determine whether the case falls under the jurisdiction of a lower court or
exclusively belongs to the Court of Session.
 The section specifies a time limit within which the charges must be framed.
 Once the charges are framed, they must be read and explained to the accused, who is then given
the opportunity to plead guilty or claim a trial.

Section 252: Conviction on plea of guilty

This Section deals with the procedure when an accused pleads guilty in a case.

 If an accused person pleads guilty, the judge is required to record this plea.
 The judge has the power to convict the accused based on their guilty plea, but this is at their
discretion.
 This section emphasizes the judge's discretion in determining the outcome when a guilty plea is
entered.

Section 253: Date for Prosecution evidence

Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for setting a date for
the examination of witnesses if the accused either refuses to plead, does not plead, claims to be tried, or is
not convicted following a guilty plea.

Section 254: Evidence for Prosecution

This section specifically deals with the presentation of evidence by the prosecution in a criminal case.

 It allows for witness testimonies to be recorded using audio-video electronic means.

 The judge has the authority to manage the cross-examination process during the presentation of
prosecution evidence.

Section 255: Acquittal

This section primarily deals with the legal process of acquitting an accused person.

 The judge must consider all evidence presented by both the prosecution and defense before
deciding to acquit.
 If the judge determines there is not enough evidence to prove the accused committed the offense,
they must issue an acquittal order.

Section 256: Entering upon defence

This section mandates that when an accused is not acquitted under Section 255, they must be given the
opportunity to present their defense and introduce relevant evidence.

 If the accused submits a written statement, the judge is required to file it with the case record.
 If the accused requests the court to issue summons to compel the attendance of witnesses or the
production of documents, the judge must comply unless there are valid reasons to deny the
request.

Section 257: Arguments

This section primarily deals with the sequence of arguments presented during a trial, with the prosecution
summarizing their case after the defense witnesses are examined.

 The accused or their legal representative has the right to respond to the prosecutor's summary.
 If a legal point is raised by the defense, the prosecution can address it with the judge's permission.

Section 258: Judgement of acquittal or conviction

This Section deals with the judgment of acquittal or conviction in a case.

 The judge must deliver a judgment in the case as soon as possible, ideally within 30 days of the
conclusion of arguments.
 In certain circumstances, the judge can extend the time to deliver a judgment to 60 days.
 If the accused is found guilty, the judge will hear arguments on the appropriate sentence before
passing it.

Section 259: Previous Conviction

This section allows a judge to consider evidence of previous convictions only after the accused has been
found guilty of the current offense in the case.

 If the accused denies having prior convictions, the judge can then take evidence regarding those
alleged past convictions.
 The judge cannot read out a charge related to previous convictions, nor can the accused be asked
to plead to it, until after the current conviction has been established.

Section 260: Procedure in cases instituted under Section 223(1)

It outlines the procedure for cases initiated under subsection (1) of Section 223, essentially stating that in
such cases, the court must examine the alleged victim as a witness for the prosecution unless there are
compelling reasons not to do so; it also allows for in-camera trials if necessary.

If the court acquits the accused and believes there was no reasonable cause for the accusation, it may
order the complainant to pay compensation to the accused.

Conclusion:The Process of trial is an important stage in the criminal proceedings where an accused will
be determined guilty or innocent. BNSS, 2023 gives the clear steps that are to be followed in the trial.
 Q2. Explain the provisions relating to constitution of criminal courts

Introduction:

The criminal justice system is a series of government institutions and agencies that deliver justice to
people accused of committing crimes. The system's goals include Preventing other crimes, Rehabilitating
offenders, Providing moral support for victims

Purpose of Criminal Courts

The purpose of criminal courts is to determine whether a person accused of committing a crime is guilty
or innocent, and if found guilty, to decide on the appropriate punishment, essentially serving as a forum to
uphold the law by holding individuals accountable for criminal actions and protecting the rights of the
accused within a legal framework.

Constitution of Criminal Courts

The Provisions for the constitution of Criminal Courts is given under Chapter 2 in the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023 from sections 6 - 20.

The provisions are as follows

Section 6: Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law other than this Sanhita, there shall be
the following classes of Criminal Courts, namely:

 Courts of Session
 Judicial Magistrates of the first class
 Judicial Magistrates of the second class
 Executive Magistrates

Section 7: Territorial divisions

Section 7 deals with "Territorial Divisions", essentially defining that every state within India will be
considered either a single sessions division or will be divided into multiple sessions divisions, with each
division further categorized into districts; the state government, in consultation with the High Court, has
the power to modify these divisions as needed.

Section 8: Court of Session

Section 8 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 deals with the establishment of
Courts of Session

 The State Government must establish a Court of Session for each sessions division.
 A Judge appointed by the High Court presides over each Court of Session.
 The High Court can also appoint Additional Sessions Judges to exercise jurisdiction in a Court of
Session.
  The High Court can appoint a Sessions Judge of one sessions division to also serve as an
Additional Sessions Judge in another division.
 If the office of the Sessions Judge is vacant, the High Court can make arrangements for the
disposal of urgent applications.
 The police can detain or remove anyone who resists, refuses, or ignores directions given by an
officer to prevent cognisable offences.
 After detention, the detained person may be produced in front of a Magistrate, or released in the
case of petty cases.

Section 9: Courts of Judicial Magistrates

Section 9 deals with the establishment of "Courts of Judicial Magistrates" in every district, specifying that
the State Government, in consultation with the High Court, will set up these courts and can also create
special courts for specific cases, with the presiding officers appointed by the High Court; essentially
defining the structure and jurisdiction of magistrate courts within the act.

Section 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Section 10 states that in every district, the High Court will appoint a Judicial Magistrate of the first class
to serve as the Chief Judicial Magistrate; essentially defining the appointment process for the Chief
Judicial Magistrate in each district.

Section 11: Special Judicial Magistrates

Section 11 pertains to the appointment of "Special Judicial Magistrates" where the High Court can grant
powers of a Judicial Magistrate to individuals holding or previously holding government positions, upon
request from the Central or State Government, for specific cases or classes of cases within a particular
area; these appointed magistrates are then called Special Judicial Magistrates.

The High Court can specify necessary qualifications and experience in legal matters for individuals to be
appointed as Special Judicial Magistrates.

Section 12: Local jurisdiction of Judicial Magistrates

This section outlines the geographical boundaries within which a Magistrate can function.

 The Chief Judicial Magistrate has the authority to determine these local limits.
 The Chief Judicial Magistrate's power to define local jurisdiction is subject to the control of the
High Court.

Section 13: Subordination of Judicial Magistrates

It establishes a clear hierarchy where the Chief Judicial Magistrate is subordinate to the Sessions Judge
and other Judicial Magistrates are subordinate to the Chief Judicial Magistrate.

 The Chief Judicial Magistrate has the authority to allocate cases among the subordinate Judicial
Magistrates.
  Any rules or special orders made by the Chief Judicial Magistrate must align with the provisions
of the BNSS.

Section 14: Executive Magistrates

This section allows the State Government to appoint individuals as Executive Magistrates within each
district.

 One of the appointed Executive Magistrates is designated as the District Magistrate, holding
primary authority within the district.
 The State Government can also appoint additional District Magistrates and delegate specific
powers to them.
 The State Government may place an Executive Magistrate in charge of a sub-division, thereby
creating a "Sub-divisional Magistrate".

Section 15: Special Executive Magistrates

This section allows the state government to appoint individuals as Special Executive Magistrates.

 Appointed police officers must be at least the rank of Superintendent of Police.

 These magistrates can be assigned to particular areas or for performing specific tasks.
 The Special Executive Magistrates can be granted powers similar to those held by regular
Executive Magistrates under the BNSS

Section 16: Local Jurisdiction of Executive Magistrates

Section 16 pertains to the "Local Jurisdiction of Executive Magistrates," meaning it defines the
geographical limits within which an Executive Magistrate can exercise their powers under the Act,
subject to the control of the State Government; essentially outlining where an Executive Magistrate has
jurisdiction to hear cases.

Section 17: Subordination of Executive Magistrates

Section 17 deals with the "Subordination of Executive Magistrates," meaning all Executive Magistrates
are subordinate to the District Magistrate, with further hierarchy depending on the sub-division and the
Sub-divisional Magistrate; essentially outlining the reporting structure within the judicial system under
the BNSS act.

Section 18: Public Prosecutors

For every High Court, the Central Government or the State Government shall, after consultation with the
High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors,
for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central
Government or the State Government.

Section 19: Assistant Public Prosecutors

Section 19 deals with the appointment of Assistant Public Prosecutors, meaning that the State
Government is required to designate one or more Assistant Public Prosecutors in each district to handle
prosecutions in Magistrate Courts; the Central Government can also appoint Assistant Public Prosecutors
for specific cases in Magistrate Courts as needed.

Section 20: Directorate of Prosecution

Section 20 of the act establishes the "Directorate of Prosecution," outlining the structure and
responsibilities of prosecution officials within the state, including the Director of Prosecution, Deputy
Directors, and Assistant Directors, who are responsible for overseeing and managing criminal cases
within their jurisdiction; essentially defining the hierarchy and eligibility criteria for these positions
within the prosecution department.

Conclusion:

The Process of trial is an important stage in the criminal proceedings where an accused will be
determined guilty or innocent. BNSS, 2023 gives the details of the constitution of criminal courts.

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Q3. Procedure for summary trials

Introduction:

The criminal justice system is a series of government institutions and agencies that deliver justice to
people accused of committing crimes. The system's goals include:

 Preventing other crimes

 Rehabilitating offenders
 Providing moral support for victims

Definition of Trial:

In civil, it is used to determine the fact in issue before the court of law. In criminal matters, trial is a
process of determining innocence or guilt of an accused. Determining the fact in issue and determining
the innocence or guilt of an accused is by way of examination of witness adduced by both sides.

Summary Trial

A summary trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is a quick and simplified legal
process for minor offenses. The goal is to resolve these cases efficiently by focusing on essential evidence
and limiting procedural formalities.

Summary trials are for minor offenses, such as petty theft, minor criminal intimidation, and certain public
nuisances. The maximum penalty for these offenses is usually a fine or up to three months in prison.

Procedure relating to summary trial

The Procedure for summary trial is given under chapter 22 in the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 from sections 283 - 288.

The procedure is as follows

Section 283: Power to try summarily

This section allows designated Magistrates to try certain offences in a summary manner, meaning a
quicker trial process with fewer formalities.

 This could include offences like theft, receiving stolen property, insult with intent to provoke a
breach of peace, and certain other offences depending on the specific circumstances.
 The Magistrate must ensure the accused has a reasonable opportunity to be heard and the offence
being tried does not carry a punishment of death, life imprisonment, or imprisonment exceeding
three years.
 If during a summary trial, the Magistrate deems the case too complex for summary proceedings,
they can recall witnesses and proceed with a regular trial.

Section 284: Summary trial by Magistrate of the second class

This section enables a Magistrate of the second class to conduct a summary trial, which means a faster
and less formal trial process.

 The offences that can be tried under this section are only those punishable by a fine or
imprisonment up to six months.
 The High Court has the authority to confer this power on a Magistrate of the second class.

Section 285: Procedure for summary trials

This section primarily deals with the procedure for conducting summary trials, which are expedited legal
proceedings.

 It mandates that the summons-case trial procedure should be followed in these summary trials.
 Section 285 states that the maximum sentence for a conviction under this chapter cannot be more
than three months imprisonment.

Section 286: Record in summary trials

Section 286 outlines the requirements for record-keeping in summary trials, meaning a Magistrate must
document specific details about each case tried summarily, including the offence, the accused, and the
trial outcome, to ensure transparency in the judicial process.

 Purpose: To maintain a structured record of summary trials, including information like the date of
the offence, accused details, the plea, and the final order.
 Information to be recorded: Serial number of the case, date of the offence, complainant details (if
any), accused's name and address, the offence charged, the plea of the accused, the finding of the
court, and the sentence imposed.
  Objective: To ensure consistency and accountability in the judicial process by maintaining a clear
record of summary trials.

Section 287: Judgment in cases tried summarily

This section applies specifically to cases tried summarily, meaning quickly and with a simplified
procedure.

 If the accused does not plead guilty in a summary trial, the Magistrate is obligated to record the
important details of the evidence presented.
 The judgment delivered by the Magistrate must include a brief explanation for the decision
reached.

Section 288: Language of record and judgment

This section mandates that all court records and judgments must be written in the language of the court
where the case is being heard.

 The High Court can allow specific Magistrates to have their records prepared in a designated
language by an appointed officer.
 Any record or judgment prepared under this provision must be signed by the designated
Magistrate.

Conclusion:

The Process of trial is an important stage in the criminal proceedings where an accused will be
determined guilty or innocent. BNSS, 2023 gives the clear steps that are to be followed in the summary
trial.

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Q4.First information report (6 marks)

Introduction:

The criminal justice system is a series of government institutions and agencies that deliver justice to
people accused of committing crimes. The system's goals include:

 Preventing other crimes

 Rehabilitating offenders
 Providing moral support for victims

First Information Report

A First Information Report (FIR) is a written document that the police in India prepare when they receive
information about a cognizable offense.

Registration of FIR
  The victim of the offense or someone on their behalf can file an FIR
 Anyone can file an FIR orally, in writing, or online
 The police register the FIR in a FIR Register and begin investigating the crime
 If no offense is found, the police will close the inquiry

The FIR is defined under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Provisions related to FIR in BNSS, 2023

Section 173: Information in cognizable cases

Section 173 deals with "Information in cognizable cases," essentially stating that any information
regarding a cognizable offense can be given to a police officer in charge of a station, either orally or
electronically, and must be recorded in writing by the officer; this includes the requirement to sign the
information provided by the informant.

 Information provided electronically must also be recorded and signed within three days.
 In cases of sexual assault, the victim's statement should be recorded by a woman police officer.

Section 175: Police officer's power to investigate cognizable case

Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, essentially grants a police officer
in charge of a police station the power to investigate any cognizable case.

Power to investigate cognizable cases: Any officer in charge of a police station can investigate a
cognizable offense without a Magistrate's order.

Superintendent's authority: The Superintendent of Police can assign a Deputy Superintendent of Police
to investigate a case based on the offense's nature and gravity.

No questioning of investigation: No police officer's proceeding can be challenged on the grounds that
they were not authorized to investigate a particular case under this section.

Section 176: Procedure for investigation.

This section lays out the steps a police officer must follow when investigating a crime, including when to
report to the magistrate, how to collect evidence, and the need to conduct proper inquiries.

Reporting to Magistrate: If a police officer has reason to suspect a crime they must immediately report
it to the appropriate magistrate.

Forensic evidence: In cases where necessary forensic facilities are not available in the state, the state
government can notify the utilization of forensic services from another state to ensure proper evidence
collection.

Recording statements: Depending on the nature of the crime, the police may need to record statements
of witnesses or victims using audio-video electronic means, including mobile phones.

Section 177: Report how submitted

Section 177 states how report for cognizable offence must be submitted.

Superior Officer Involvement: The State Government can appoint a specific superior police officer to
review reports before they reach the Magistrate.

Instruction Power: This superior officer can provide instructions to the investigating officer regarding
the report.

Prompt Submission: Once instructions are added, the report must be sent to the Magistrate without
delay.

Objectives of FIR

 The main objective of the FIR is to set the criminal law in motion and to obtain information about
the alleged criminal activity and to obtain true or nearly true versions of the events connected
with a crime.
 It provides a check on the undesirable tendency on the part of the prosecution to fill the gaps on
their own.
 To safeguard the accused against subsequent variations or additions.

Essentials of FIR

 It is an information relating to the commission of a cognizable offence.

 It is given by the informant either orally or in writing.
 If given oral, it should be reduced to writing by the officer in charge of a police station or under
his direction and if given in writing or reduced to writing shall be signed by the person giving it.
 The information reduced in writing must be read out to the informant and a copy thereof should
be given to the informant forthwith free of cost.
 The substance of the information shall be entered in a book in such form as the State Government
may prescribe in this behalf. This book is called General Diary.

Evidentiary Value of FIR

 The established principle of law that FIR cannot be assumed as a substantive piece of evidence
and can only be considered as an important piece of evidence.
 It can neither be used against the maker at the trial if he himself becomes an accused nor to
corroborate or contradict other witnesses.

It can only be used for certain limited purposes such as:

 FIR is proved by the prosecution for the purpose of corroborating the statement of the maker. It
can also be used to contradict the first informant.
 It can be used to show that the implication of the accused in the case was not an afterthought.
 Where FIR can be tendered in evidence as a part of the conduct of the informant, it can be used as
substantive evidence.
 It the informant dies, and the FIR contains a statement as to the cause of his death or the
circumstances relating to his death, it may be used as substantive evidence.
 Exceptions to the Rule of Registering an FIR

In certain cases, a preliminary inquiry may be necessary before registering an FIR. These cases are:

 Matrimonial/family disputes
 Commercial offences
 Medical negligence cases
 Corruption cases
 Cases where there is abnormal delay/laches in initiating criminal prosecution, for example,
over 3 months delay in reporting the matter without satisfactorily explaining the reasons for
delay.
 The preliminary inquiry must be completed within 7 days.

Case Laws

In Lalita Kumari v. Govt. of UP & Ors. (2014), the Supreme Court held that filing of FIR is necessary if
the information of a cognizable offence has been given. No preliminary investigation before the filing of
FIR is to be done.

In Youth Bar Association of India v. Union of India & Ors. (2014), the Supreme Court laid down the
following guidelines pertaining to the FIR:

 The accused should be furnished with a copy of an FIR before the charge sheet is filed by the
police.
 A Certified copy of the FIR should be given to the accused at his request.
 The FIR should be uploaded on the website of the police or the state website.
Q5.Rights of arrested person

Introduction:

All Human beings are born with Right to Life, Right to personal liberty, etc. Human rights are enshrined
under the Constitution of India and universal declaration of human rights.

A person cannot be denied of his rights on the grounds that he/she has been detained. The Various rights
of arrested person can be inferred from Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the
Constitution of India and various landmark judgements.

Need for Rights of accused:

The Indian Legal System is based on the concept of, “innocent till proven guilty”. The arrest of a person
can be a violation of Article 21 of the Constitution of India that states, “No person shall be deprived of his
right to life and personal liberty except a procedure established by law”.

It means that the procedure must be fair, clear and not arbitrary or oppressive.

Rights of accused:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 and the Indian Constitution guarantee several
rights to an arrested person, including:

1. Right to be informed

According to Section 47 of BNSS, 2023:

Informing the arrested person: A police officer must communicate the full details of the offense or
grounds for arrest to the person being arrested without a warrant.

Bail information: If the arrest is not for a non-bailable offense, the officer must inform the arrested person
that they are entitled to be released on bail and can arrange for sureties.

Applies to arrests without warrant: This section primarily applies to situations where an arrest is made
without a warrant.

The arrested person must be informed of the reasons for their arrest as soon as possible.

2. Right to legal representation

According to Section 38 of BNSS, 2023:

Right to meet an advocate: An arrested person has the right to meet a lawyer of their choice during police
interrogation.

Not for the whole interrogation: This right does not extend to being present with the lawyer throughout
the entire interrogation process.

3. Right to be produced before a magistrate

According to Section 57 of BNSS, 2023:

A police officer making an arrest without a warrant must take the arrested person to a Magistrate with
jurisdiction or the police station officer in charge. The arrested person must be presented before a
magistrate within 24 hours of their arrest.

No undue delay: The process should be carried out without unnecessary delay.

4. Right to not be detained beyond 24 hours

According to Section 58 of BNSS, 2023:

Restriction on detention time: A police officer cannot detain a person arrested without a warrant for
longer than 24 hours under most circumstances.

Travel time excluded: The 24-hour limit does not include the time required to travel from the arrest
location to the Magistrate's Court.

Magistrate's order exception: A longer detention period may be allowed if a Magistrate issues a special
order under Section 187.

5. Right to silence

The arrested person has the right to remain silent and not incriminate themselves during interrogation.

6. Right to a trial

The arrested person has the right to an open court trial that is fair and transparent.

7. Right to be examined by a medical practitioner

The arrested person has the right to be examined by a medical practitioner.

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Q6. Powers of court

Chapter 3

Section 21: Courts by which offences are triable

Section 21 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 outlines the jurisdiction of courts
in trying offenses.

 Offenses can be tried in the High Court, the Court of Session, or any other court listed in the First
Schedule.
 Offenses under certain sections of the Bharatiya Nyaya Sanhita (BNS) should be tried by a
woman-presiding court, if possible.
 The sentencing powers of different courts are:
Chief Judicial Magistrate: Can pass any sentence authorized by law, except for death, life imprisonment
or imprisonment for more than seven years

First class Magistrate: Can pass a sentence of up to three years in prison, a fine of up to 50,000 rupees,
or both, plus community service

Second class Magistrate: Can pass a sentence of up to one year in prison, a fine of up to 10,000 rupees,
or both, plus community service

Section 22: Sentences which High Courts and Sessions Judges may pass

Section 22 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the sentences that High
Courts and Sessions Judges can pass.

 High Courts: Can pass any sentence authorized by law

 Sessions Judges and Additional Sessions Judges: Can pass any sentence authorized by law, but
any sentence of death must be confirmed by the High Court

Section 23: Sentences which Magistrates may pass

Section 23 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 outlines the sentences that
magistrates can pass.

 Chief Judicial Magistrate: Can pass any sentence allowed by law, except for death, life
imprisonment, or imprisonment for more than seven years
 First class magistrate: Can pass a sentence of up to three years in prison, a fine of up to 50,000
rupees, or both, plus community service
 Second class magistrate: Can pass a sentence of up to one year in prison, a fine of up to 10,000
rupees, or both, plus community service
 Community service: A form of punishment that benefits the community, for which the convict is
not paid

Section 24: Sentence of imprisonment in default of fine

A Magistrate can impose imprisonment if someone fails to pay a fine, as long as:

 The term of imprisonment is within the Magistrate's powers as defined in section 23

 If imprisonment is already part of the sentence, the default term cannot be more than one-fourth
of the original sentence
 The default imprisonment can be in addition to any other sentence

Section 25: Sentence in cases of conviction of several offences at one trial

When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions
of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several
punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering
the gravity of offences, order such punishments to run concurrently or consecutively.
In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the
aggregate punishment for the several offences being in excess of the punishment which it is competent to
inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided that—

(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is
competent to inflict for a single offence.

For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed
against him under this section shall be deemed to be a single sentence.

Section 26: Mode of conferring powers

Section 26 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the method of granting
powers:

 The State Government or High Court can grant powers to specific individuals by name or to
classes of officials or offices by their official titles.
 The order granting powers takes effect on the day it is communicated to the person who is
empowered.

Section 27: Powers of officers appointed

Section 27 of the Bharatiya Nagarik Suraksha Sanhita, 2023, states that an officer who has been given
powers by the State Government or the High Court to exercise them in a local area will continue to have
those powers if they are appointed to a similar or higher office in the same area. The High Court or State
Government can direct otherwise.

Section 28: Withdrawal of powers

Section 28 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the withdrawal of
powers:

 The High Court or State Government can withdraw all or part of the powers given to any person
or officer under the BNSS.
 The Chief Judicial Magistrate or District Magistrate can withdraw any powers given to them by
the respective Magistrate.

Section 29: Powers of Judges and Magistrates exercisable by their successors-in-office

Section 29 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, states that the powers and duties of
a judge or magistrate can be performed by their successors-in-office.

If there is uncertainty about who the successor is, the relevant authorities will determine the successor:
  Judges: The Sessions Judge will determine the successor.
 Magistrates: The Chief Judicial Magistrate or District Magistrate will determine the successor.

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Q7. Jurisdiction of courts

Chapter 14

Section 197: Ordinary place of inquiry and trial

Section 197 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 states that criminal trials and
inquiries should take place in the court that has jurisdiction over the location where the offense was
committed. This principle is based on the idea that the court closest to the crime scene is best able to
handle the case.

Section 198: Place of inquiry or trial

Section 198 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 deals with the jurisdiction of
courts over offenses that involve multiple local areas:

 When it's not clear which local area the offense was committed in
 When the offense was committed in multiple local areas
 When the offense is ongoing and continues in multiple local areas
 When the offense involves multiple acts in different local areas

In these cases, a court with jurisdiction over any of the local areas can inquire into or try the offense

Section 199: Offence triable where act is done or consequence ensues

When an act is an offence by reason of anything which has been done and of a consequence which has
ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has
been done or such consequence has ensued.

Section 200: Place of trial where act is an offence by reason of relation to other offence

When an act is an offence by reason of its relation to any other act which is also an offence or which
would be an offence if the doer were capable of committing an offence, the first-mentioned offence may
be inquired into or tried by a Court within whose local jurisdiction either act was done.

Section 201: Place of trial in case of certain offences

 Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or

of escaping from custody, may be inquired into or tried by a Court within whose local
jurisdiction the offence was committed or the accused person is found.
 Any offence of kidnapping or abduction of a person may be inquired into or tried by a
Court within whose local jurisdiction the person was kidnapped or abducted or was
conveyed or concealed or detained.
  Any offence of theft, extortion or robbery may be inquired into or tried by a Court within
whose local jurisdiction the offence was committed or the stolen property which is the
subject of the offence was possessed by any person committing it or by any person who
received or retained such property knowing or having reason to believe it to be stolen
property.
 Any offence of criminal misappropriation or of criminal breach of trust may be inquired
into or tried by a Court within whose local jurisdiction the offence was committed or any
part of the property which is the subject of the offence was received or retained, or was
required to be returned or accounted for, by the accused person.
 (5) Any offence which includes the possession of stolen property may be inquired into or
tried by a Court within whose local jurisdiction the offence was committed or the stolen
property was possessed by any person who received or retained it knowing or having
reason to believe it to be stolen property.

Section 202: Offences committed by means of electronic communications, letters, etc

 Any offence which includes cheating may, if the deception is practised by means of electronic
communications or letters or telecommunication messages, be inquired into or tried by any Court
within whose local jurisdiction such electronic communications or letters or messages were sent
or were received; and any offence of cheating and dishonestly inducing delivery of property may
be inquired into or tried by a Court within whose local jurisdiction the property was delivered by
the person deceived or was received by the accused person.
 Any offence punishable under section 81 of the Bhartiya Nyaya Sanhita, 2023 may be inquired
into or tried by a Court within whose local jurisdiction the offence was committed or the offender
last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken
up permanent residence after the commission of the offence.

Section 203: Offence committed on journey or voyage

When an offence is committed whilst the person by or against whom, or the thing in respect of which, the
offence is committed is in the course of performing a journey or voyage, the offence may be inquired into
or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of
that journey or voyage.

Section 204: Place of trial for offences triable together

 The offences committed by any person are such that he may be charged with, and tried at one trial
for, each such offence by virtue of the provisions of section 242, section 243 or section 244, or
the offence or offences committed by several persons are such that they may be charged with and
tried together by virtue of the provisions of section 246
 The offences may be inquired into or tried by any Court competent to inquire into or try any of
the offences.

Section 205: Power to order cases to be tried in different sessions divisions

Notwithstanding anything contained in the preceding provisions of this Chapter, The State Government
may direct that any cases or class of cases committed for trial in any district may be tried in any sessions
division: Provided that such direction is not repugnant to any direction previously issued by

The High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for
the time being in force.

Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place

Where two or more Courts have taken cognizance of the same offence and a question arises as to which
of them ought to inquire into or try that offence, the question shall be decided

 if the Courts are subordinate to the same High Court, by that High Court;
 if the Courts are not subordinate to the same High Court, by the High Court within the local
limits of whose appellate criminal jurisdiction the proceedings were first commenced and
thereupon all other proceedings in respect of that offence shall be discontinued.

Section 207: Power to issue summons or warrant for offence committed beyond local jurisdiction

 When a Magistrate of the first class sees reason to believe that any person within his local
jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence
which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for
the time being in force, be inquired into or tried within such jurisdiction but is under some law for
the time being in force triable in India, such Magistrate may inquire into the offence as if it had
been committed within such local jurisdiction and compel such person in the manner hereinbefore
provided to appear before him, and send such person to the Magistrate having jurisdiction to
inquire into or try such offence, or, if such offence is not punishable with death or imprisonment
for life and such person is ready and willing to give bail to the satisfaction of the Magistrate
acting under this section, take a bond with or without sureties for his appearance before the
Magistrate having such jurisdiction.
 When there are more Magistrates than one having such jurisdiction and the Magistrate acting
under this section cannot satisfy himself as to the Magistrate to or before whom such person
should be sent or bound to appear, the case shall be reported for the orders of the High Court.

Section 208: Offence committed outside India

Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 deals with offences committed
outside of India. It states that if a crime is committed outside of India by an Indian citizen, or by a non-
citizen on an Indian ship or aircraft, then the offender can be treated as if the crime was committed in
India.

However, the Central Government's prior sanction is required to investigate or try such an offence in
India.

Section 209: Receipt of evidence relating to offences committed outside India

When any offence alleged to have been committed in a territory outside India is being inquired into or
tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of
depositions made or exhibits produced, either in physical form or in electronic form, before a Judicial
officer, in or for that territory or before a diplomatic or consular representative of India in or for that
territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such
Court might issue a commission for taking evidence as to the matters to which such depositions or
exhibits relate.

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Q8. Provisions related to security for peace keeping