THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 NO.

46 OF 2023 [25th December, 2023.] :

An Act to consolidate and amend the law relating to
Criminal Procedure. BE it enacted by Parliament in the
Seventy-fourth Year of the Republic of India as follows
Cntd..
• Bharatiya Nagrik Suraksha Sanhita will have 531 sections (in place of
484 sections of CrPC). A total of 177 provisions have been changed in
the bill, and nine new sections as well as 39 new sub-sections have
been added to it.
• Timelines have been added to 35 sections and audio-video provision
has been added at 35 places. A total of 14 sections have been repealed
and removed in the Sanhita..
 Contd..
• The complete implementation of new criminal laws will ensure an end to ‘tareekh pe
tareekh’ era and justice will be given in three years as earlier informed in the
Parliament by Union Home Minister Amit Shah.

• The timeline has been added to 35 sections of Bharatiya Nagrik Sukraksha Sanhita,
which will make the speedy delivery of justice possible. The Bill prescribes a time
limit for initiation of criminal proceedings, arrest, investigation, charge sheet,
proceedings before magistrate, cognizance, charges, plea bargaining, appointment of
Assistant Public Prosecutor, trial, bail, judgment and punishment, and mercy petition.
Contd..
• The BNSS replaces the Criminal Procedure Code, 1973 (CrPC). O The
CrPC was first passed in 1861 to address the problem of multiplicity
of legal system in India. In 1973, the erstwhile Act was replaced by the
existing CrPC and changes like, anticipatory bail, etc., were
introduced.
• It was amended in 2005 to add changes, such as, provision for plea
bargaining and rights of arrested persons.
• The 2013 amendment, driven by the Nirbhaya case, introduced stricter
laws against sexual violence, expedited trial processes, and enhanced
victim protection measures.
 Contd..
• The 2018 amendment further strengthened these provisions by increasing penalties for
sexual offences and incorporating more comprehensive measures for the protection of
children, including the establishment of fast-track courts for such cases.
• The BNSS is the main legislation on procedure for administration of substantive criminal
laws in India.
• The BNSS mostly preserves the provisions of the CrPC, however, it aims to simplify the
criminal procedure, reduce trial duration, implement timelines for procedure, etc.
• It provides for separation of offences i.e. cognizable and noncognizable. Further, the
nature of the offences i.e., bailable and nonbailable.
• Thereofre, BNSS is a legal statute in India that governs the procedural aspects of
criminal law
Contd..
• Under BNSS, if the investigation is not completed within the prescribed time, the accused
is entitled to bail.
• a. Information of an offence can be sent electronically BNSS allows information about a
cognisable offence (a serious crime that can be acted upon by the police without a
warrant) to be sent electronically.
• Here’s how it works:
• Electronic Submission: Information about a crime can be sent to police through
electronic means (like a call or a website).
• Signature: Where the information is sent electronically, it has to be signed within 3 days.

• Copy of FIR: After recording the information, the police will provide a free copy of the FIR
to the informant or victim.
• Special Cases for Women: A woman police officer or any female officer must record the
statement in cases of sexual offences.
• Complaint about Police Refusal: If a police officer refuses to register FIR, an application
can be made to the Superintendent of Police or a Magistrate.
Contd..
• A Zero FIR is an FIR that can be filed at any police
station, regardless of the location where the crime took
place. It will then be transferred to the police station
with jurisdiction over the area where the crime
occurred. Upon receiving information about a serious
crime, the police will immediately register a Zero FIR.
This ensures that the investigation process can begin
without delay.
• As per BNSS, victims have the right to be kept informed
about the progress of their case. This includes receiving
a progress report within 90 days from the date the First
Information Report (FIR) was registered.
Contd..
• Under BNSS, when the police search or take something
as evidence, they have to record it on video and take
photos using a phone or camera. This is to make sure
everything is done correctly and nothing is missed. The
recordings and photos are then sent to the local
magistrate for verification and to ensure everything was
done according to the law.
• For offences against women under Bharatiya Nagarik
Suraksha Sanhita 2023 or the Protection of Children
from Sexual Offences Act 2012, this investigation should
be completed within 60 days from the date of recording
the information
Stages of Criminal Proceeding in
India
• The entire proceedings can be categorized into three stages, namely the pre-trial stage, trial stage and
post-trial stage. It is not necessary that a criminal case has to go through all three stages mandatorily.
For instance, a case can get dismissed in the pre-trial stage itself.
• 1. Filing of the First Information Report (FIR)
• The process starts with filing an FIR. This is a written document that contains information about the
alleged offense and is submitted to the local police station. The FIR serves as the basis for starting the
investigation and subsequent legal proceedings.
• 2. Investigation and Arrest
• After the FIR is filed, the police conduct an investigation to gather evidence and identify the accused.
They visit the crime scene, collect witness statements, and analyze any relevant forensic evidence. If
the investigation reveals enough evidence to suggest a person's involvement, the police may make an
arrest.
• 3. Filing of Chargesheet
• Once the investigation is complete, the police prepare a chargesheet. This document includes a detailed
account of the evidence gathered during the investigation, the charges against the accused, and the
names of witnesses. The chargesheet is then submitted to the court, and it forms the basis for the trial.
 Contd.
• 4. Framing of Charges
• Upon receiving the chargesheet, the court examines the evidence and decides which charges to formally bring against
the accused. The accused is informed about the charges and has the opportunity to respond. They can also seek legal
representation for their defense.
• 5. Examination of Witnesses and Cross-Examination
• During the trial, the prosecution presents their witnesses, who provide their testimonies under oath. The defense counsel
then cross-examines these witnesses to test the credibility of their statements and challenge the evidence presented.
• 6. Presentation of Evidence and Arguments
• Both the prosecution and the defense have a chance to present their evidence and arguments before the court. The
prosecution tries to prove the guilt of the accused beyond a reasonable doubt, while the defense aims to establish
reasonable doubt or question the credibility of the prosecution's case.
• 7. Closing Arguments and Judgment
• After the presentation of evidence and arguments, both parties make their closing statements summarizing their
positions. The judge carefully considers all the evidence, arguments, and legal aspects of the case before delivering the
final verdict. The judgment can result in the acquittal or conviction of the accused, followed by the imposition of an
appropriate sentence.
• 8. Appeal and Revision
• If any party is dissatisfied with the judgment, they have the right to challenge it by filing an appeal. Higher courts, such as
the High Court or the Supreme Court, review the case to determine if any errors or miscarriages of justice occurred.
Additionally, the aggrieved party may also file a revision petition for the higher court to review the legality, regularity, or
propriety of the lower court's decision.
Contd..
• What if the police refuse to record the information?
• At times, the police may refuse to lodge an FIR. It may be either:
• To avoid their workload, or
• In the police officer’s opinion, no sufficient ground exists to enter into an investigation.
• When the police refuse to enter into an investigation citing insufficient grounds, he gives a written
report stating the reasons for his refusal; the informant gets a copy of the same.
• On refusal to lodge FIR, the informant has two options to set the criminal law into motion:
1. Send written information to the concerned Superintendent of Police (SP) under Section 154(3). If
the SP is satisfied that the information discloses the commission of any cognizable offense, he
orders the police to investigate.
2. File a complaint directly to the Magistrate under Section 190 CrPC, which gets treated like any
information received on an NC offense under Section 190.
3. File a ‘Zero FIR‘ in a police station other than the one which refused to file FIR (
Kirti Vashisht vs State & Ors.). The station that files Zero FIR conducts any required medical
examination and transfers it to the police station having proper jurisdiction.
Contd..
 Classification of courts
• From Section 6 to Section 20, the Bharatiya Nagarik Suraksha Sanhita deals with the
scheme and the working of the different criminal courts.
• Section 6 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 enumerates
the different classes of criminal courts that exist in a state. These courts are
responsible for dealing with criminal matters based on the severity of offenses.
• The classification of criminal courts under Section 6 is based on two key grounds:
1.Severity of Offenses: Courts are divided according to the seriousness of the crimes
they handle. For example, Courts of Session deal with the most severe offenses like
murder, while Judicial Magistrates of the First and Second Class handle less
serious crimes, with the First Class having jurisdiction over moderately serious offenses
and the Second Class focusing on minor offenses.
2.Nature of Functions: The distinction between Judicial Magistrates and Executive
Magistrates is based on their roles. Judicial Magistrates handle the trial and
sentencing of criminal offenses, while Executive Magistrates focus on administrative
and preventive functions, such as maintaining public order.
Contd..
1.Courts of Session:
1. These courts handle serious criminal cases, such as murder, dacoity (banditry), and other severe offenses.
2. A Court of Session has the power to impose heavier sentences, including life imprisonment or even the death
penalty, depending on the gravity of the offense.
2.Judicial Magistrates of the First Class:
1. These magistrates are authorized to handle moderate criminal cases.
2. They can impose a maximum sentence of up to three years imprisonment along with fines or other forms
of punishment within their jurisdiction.
3.Judicial Magistrates of the Second Class:
1. These magistrates preside over less serious offenses.
2. The maximum sentence they can impose is one year of imprisonment or smaller penalties, reflecting their
limited authority in comparison to the First-Class Magistrates.
4.Executive Magistrates:
1. Unlike the Judicial Magistrates, Executive Magistrates focus more on administrative functions.
2. Their responsibilities include maintaining law and order in situations like public gatherings, protests, or events
that require preventive actions.
3. They do not typically adjudicate criminal trials but instead ensure public safety by issuing orders, such as
prohibiting assemblies (Section 144) or taking preventive measures against potential disturbances.
• In summary, the criminal courts are structured in a hierarchical manner, where the severity of the
offense determines which class of court will hear the case, with Executive Magistrates handling
preventive measures rather than criminal trials.
 Contd..
• The State Government, after consultation with the High Court, decides to divide
a large district into two small districts for administrative convenience. This leads
to a lessening of workload on the courts in existence and thus provides for
quicker justice dispensation.
• An example of a state government in India dividing a large district into smaller
ones for administrative convenience, leading to quicker justice dispensation, can
be seen in Telangana. In 2016, the Telangana government. following the
division of districts, Telangana saw a significant increase in the number of
courts. This was part of the broader administrative overhaul aimed at improving
local governance and justice delivery.
 Contd.. S8
• The Court of Session plays a pivotal role in the Indian judicial system, particularly in dealing with serious
criminal offenses. Here's a breakdown of the establishment, appointment process, and the example provided:
1.Establishment:
1. Every sessions division (typically a district) in a state has a Court of Session. The state government is responsible for
setting up these courts. Each district is divided into sessions divisions to ensure effective administration of justice.
These courts have the jurisdiction to try serious criminal offenses like murder, dacoity, and rape.
2.Appointment:
1. The presiding Judge of the Court of Session, commonly referred to as the Sessions Judge, is appointed by the High
Court. The High Court holds the authority to appoint and oversee the performance of these judges, ensuring they are
capable of handling complex and severe criminal matters.
3.Additional Sessions Judges:
1. When the workload of cases becomes overwhelming for a Sessions Judge, Additional Sessions Judges are appointed to
assist. This helps manage the increasing number of cases and prevents delays in the judicial process, thereby improving
efficiency.
4.Example:
1. For instance, when a serious crime, such as murder, occurs in a district, the case is taken up by the Court of Session
located in the capital city or district headquarters. The Sessions Judge conducts the trial, ensures that the legal
procedures are followed, and works to guarantee a fair trial for both the prosecution and the defense. The High Court-
appointed Sessions Judge, with the help of Additional Sessions Judges if necessary, handles such high-stakes criminal
cases
 Contd..
• Section 9: Courts of Judicial Magistrates explains how different levels of
magistrates are set up in every district to deal with criminal cases, depending on the
seriousness of the offense:
1.Judicial Magistrates of the First Class:
1. These magistrates handle moderately serious offenses. Examples of such offenses might
include theft, assault, or cheating. They have the authority to sentence a person to
imprisonment of up to three years, or impose a fine, or both.
2.Judicial Magistrates of the Second Class:
1. These magistrates deal with less serious offenses. For instance, they handle minor crimes
like petty theft or simple assault. Their authority is limited, and they can impose a sentence of
up to one year of imprisonment or a small fine.
• Example:
• If someone is accused of petty theft, like stealing something of low value, the case
would be tried by a Judicial Magistrate of the Second Class. The magistrate is
authorized to conduct the trial and give a punishment, such as a fine or a sentence
of up to one year in prison.
 Contd..
• Section 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate
explains the roles and responsibilities of these judicial officers, especially in handling the
administration of justice at the district level.
1.Chief Judicial Magistrate (CJM):
1. The CJM is the head of the magistracy in a district and is responsible for overseeing the overall
administration of justice. This includes managing the judicial work of the subordinate magistrates and
ensuring that cases in the district are dealt with effectively and efficiently.
2.Additional Chief Judicial Magistrates (ACJM):
1. In districts with a high volume of cases, ACJMs are appointed to assist the CJM in handling the case
load. Their role is crucial in speeding up the judicial process and ensuring that cases are not delayed
due to overburdened courts.
• Example:
• In a busy district with a large number of criminal cases, the Chief Judicial Magistrate
may be overwhelmed by the volume of work. In such a scenario, an Additional Chief
Judicial Magistrate is appointed to help manage the workload. Together, the CJM and
ACJM can divide the cases, ensuring faster case disposal and more efficient administration
of justice. This collaboration allows for better management of judicial duties, preventing
delays and backlogs.
 Contd.
• The CJM acts as an appellate authority over decisions made by Judicial
Magistrates of the Second Class, providing a mechanism for review and
correction of lower court judgments.
• The CJM can also deal with cases related to economic crimes, directly under
special circumstances such as fraud and cheating, ensuring that these
offences are adjudicated fairly within the judicial framework.
• Under the Bhartiya Naya Suraksha (BNS) framework, a Chief Judicial
Magistrate (CJM) has the authority to hear cases involving offences
punishable by imprisonment of up to seven years. This includes various
serious offences, making the CJM a critical venue for addressing significant
legal matters within the stipulated punishment range.
 Contd..
• Section 11: Special Judicial Magistrates
• This section deals with the appointment of Special Judicial Magistrates for
specific tasks. For instance:
• Special Judicial Magistrates: Appointed for particular cases, such as a special
anti-corruption drive.
• Example: Special Judicial Magistrates may be appointed under an anti-
corruption campaign to deal promptly with corruption cases, ensuring speedy
justice and lessening the workload of regular courts.
 Contd..
• Section 12: Local Jurisdiction of Judicial Magistrates outlines the
geographical area within which Judicial Magistrates can exercise their
authority to hear and decide cases.
• a Judicial Magistrate of the First Class based in Delhi District can
handle the case, regardless of where in the district the incident occurred.
This means the magistrate can hold the hearing and pass judgments for
any case arising within the entire district of Delhi, ensuring justice is
accessible to the complainant without requiring them to travel to a specific
sub-division or location.
• On the other hand, if the incident had been less serious, it might be tried by
a Judicial Magistrate of the Second Class located in a specific sub-
division of Delhi, such as West Delhi. This magistrate would only have the
authority to handle cases occurring within their designated sub-division,
thus limiting their jurisdiction.
 Contd.. S14 to 17
• Executive Magistrates play a crucial role in maintaining law and order
and implementing government policies at the district and sub-division
levels. The District Magistrate acts as the chief executive magistrate,
coordinating safety measures and overseeing administrative functions.
For example, prior to major festivals, the District Magistrate collaborates
with Sub-divisional Magistrates to ensure public safety.
• Special Executive Magistrates are appointed for specific tasks, such
as managing elections, ensuring the electoral process runs smoothly.
Their jurisdiction can extend over entire districts or smaller sub-
divisions, enabling them to enforce policies, issue licenses, and manage
local disputes. Moreover, all Executive Magistrates operate under the
supervision of the District Magistrate, ensuring that local actions align
with district-wide policies and legal standards, thereby enhancing the
efficiency and effectiveness of governance
 Q and A
• A person is charged with a minor offense, such as petty theft.
Which court would have jurisdiction over this case, and what
factors would influence this decision?
• An accused is convicted of a serious crime, such as murder, in
a Sessions Court. If they wish to appeal the decision, which
court would they approach, and what grounds might they
have for the appeal?
• Under the BNSS, which court would have jurisdiction over
cases involving offenses punishable by death or life
imprisonment?
 Q&A
• A man is accused of murdering in a rural district. The case involves serious
allegations, and the accused pleaded not guilty during the trial. The case
proceeds through several stages of examination and evidence presentation.
Which court would have original jurisdiction over this case, and if the man is
convicted but wants to appeal the decision, to which court can he appeal?
A businessman in a metropolitan area is accused of forging documents to
secure a loan. The forged documents are presented as evidence, and the case
is considered serious, but not as serious as murder or rape. The businessman
seeks to have a quick trial to clear his name.

Which court will initially hear the case, and what role will the Chief
Metropolitan Magistrate play in this scenario?
Contd..
• A person convicted of theft in a district court is
dissatisfied with the judgment, believing the
punishment is too severe. They plan to file an appeal for
the reduction of the sentence or overturn the
conviction.
• Question:
Which court will hear the appeal, and what is the
process for appealing a decision from a district-level
court?
 Introduction- Powers
• The judicial system of India is structured to cater to the diverse legal needs of its
citizens, offering access to justice and ensuring the rule of law is upheld. With a
complex and multi-tiered court system, it is designed to ensure that justice is accessible
to all, regardless of social, economic, or geographical differences. Chapter III of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the powers of various
courts in the judicial hierarchy, providing clarity on the courts' jurisdiction over
offences and sentencing powers.
• India's judicial system is renowned for its effectiveness in delivering justice, despite the
challenges posed by its size and population. The BNSS aims to streamline and
modernize the criminal justice framework in the country, ensuring that courts act within
their respective powers while adhering to the principles of justice and fairness. The key
provisions of BNSS, as outlined in Sections 21 to 29, offer a detailed understanding of
the powers of different courts and their role in the administration of justice.
Section 21 of the BNSS
• Section 21 of the BNSS sets the foundation for the courts' jurisdiction by
specifying the courts before which offences may be tried. These include:
• High Court: The highest court in the state, with extensive powers to try
serious offences.
• Court of Session: This court primarily handles offences referred to it,
especially those of a more severe nature.
• Other Courts: As listed in the First Schedule of BNSS, other lower courts
may be authorized to try specific offences as per their jurisdiction.
• In cases involving certain serious offences under the Bharatiya Nyaya
Sanhita (BNS), 2023—namely, offences under Sections 64 to 71—it is
emphasized that these should preferably be tried by a court presided over
by a woman, particularly where the nature of the offence is sensitive or
gender-specific.
Section 22,24
• Section 22 empowers High Courts and Sessions Judges to
pass sentences for offences under their jurisdiction. High
Courts, Sessions Judges, and Additional Sessions Judges hold
broad sentencing powers but are required to seek confirmation
from the High Court before passing a death sentence.
• Section 24 deals with the imposition of imprisonment in cases
where a convict fails to pay a fine. Magistrates are empowered
to award imprisonment in default of fine payments, provided it
does not exceed their sentencing powers outlined in Section
23. Importantly, the term of imprisonment in such cases
cannot exceed one-fourth of the maximum imprisonment term
that the magistrate is otherwise authorized to impose.
Section 23
• Section 23 of BNSS outlines the sentencing powers of magistrates at
various levels, establishing clear distinctions based on the type of
magistrate:
• Court of Chief Judicial Magistrate (CJM): The CJM is empowered to
pass any sentence authorized by law, except for the death penalty, life
imprisonment, or imprisonment exceeding seven years.
• Court of a Magistrate of the First Class: This court can impose a
sentence of up to three years of imprisonment, a fine of up to fifty
thousand rupees, or both. The option of community service as a form
of punishment is also available.
• Court of a Magistrate of the Second Class: The sentencing power
is limited to imprisonment for up to one year, a fine not exceeding ten
thousand rupees, or both, along with community service.
 Contd..
• The concept of community service introduced under this section is
notable, as it allows courts to order convicts to perform work that
benefits the community. Such work is unpaid and serves as a corrective
measure, promoting societal welfare while offering a rehabilitative
approach to punishment.
• Section 25 addresses cases where an individual is convicted of multiple
offences in a single trial. In such instances, the court can impose
sentences for each offence, and it has the discretion to decide whether
the sentences will run concurrently or consecutively, depending on the
severity of the offences.
• If sentences are to run consecutively, the combined term of
imprisonment cannot exceed 20 years, and the aggregate punishment
must not exceed twice the punishment the court is authorized to impose
for a single offence. Additionally, for the purpose of appeals, these
consecutive sentences are considered a single sentence, simplifying
the appeal process for the convict.
Q&A
• Analyze the background and salient features of the Bharatiya
Nagarik Suraksha Sanhita, 2023. How does the proposed legislation
seek to modernize India's criminal procedure laws?

• What are the key provisions in the Bharatiya Nagarik Suraksha

Sanhita, 2023 regarding the initiation of criminal cases and
safeguards during arrests?
Public Prosecutor
• Public Prosecutor plays a vital role in the administration of the Criminal Justice System in India.
The Police, the Prosecution, the Judiciary, and the Prison and Correctional Services constitute
the components of the Criminal Justice System.
• A Public Prosecutor represents the State in a criminal case as a crime is considered to be an
offense against the State.
• His role came into the picture after chargesheet is submitted by the police. He presents the
multiple aspects of the case during the trial and assists the Court in the delivery of Justice.
• The United Nations Guidelines on the Role of the Prosecutors requires Prosecutors to perform
their duties fairly, impartially, and consistently, protecting human dignity, upholding human rights
and avoiding all political, social, religious, cultural, sexual or any other kind of discrimination .
• In order to ensure the fairness and effectiveness of prosecution, prosecutors must strive to
cooperate with the police, the courts, the legal profession, public defenders and other
government agencies or institutions.
• Complying with these provisions, the Code of Criminal Procedure, 1973 mandates the
appointment of Public Prosecutors in the High Courts and District Courts.
 Classification
• In the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 18
outlines the appointment and functions of Public Prosecutors. This section,
which corresponds to Section 24 of the previous Code of Criminal Procedure
(CrPC), classifies Public Prosecutors into three main categories, with a similar
structure and purpose as in the CrPC. The following are the key categories:
• Category I: Public Prosecutors Attached to High Courts or Districts
• These Public Prosecutors are designated to serve in particular High Courts
or district courts. They are responsible for representing the state or
government in criminal cases that come before these courts. Their jurisdiction
is specific to the region or court they are appointed to, and their primary
responsibility is handling prosecutions in the area they are assigned.
• A Public Prosecutor appointed to the Karnataka High Court in
Bengaluru handles cases such as appeals against acquittals or convictions
from district courts across Karnataka.
 Contd..
• Category II: Assistant Public Prosecutors for Specific Cases or
Classes of Cases
• Assistant Public Prosecutors work in a more limited capacity, typically
assigned to lower courts such as magistrate courts. They may also be
allocated specific cases or a class of cases within a particular
jurisdiction. While they may have a more focused scope of responsibility,
they play a crucial role in representing the state in the initial stages of
criminal prosecution.
• An Assistant Public Prosecutor (APP) represents the state in
Magistrate Courts, including Judicial Magistrate of First Class and
Second Class. APPs handle less severe criminal cases like petty theft,
domestic violence, road traffic violations, and cheque bouncing. These
courts can impose sentences up to three years imprisonment or fines
for minor offenses.
Contd.
• Category III: Special Public Prosecutors under Section 18(8) of
BNSS
• Special Public Prosecutors are appointed for specific cases of public
importance or complexity under Section 18(8) of BNSS (formerly
Section 24(8) of CrPC). These individuals are often chosen because of
their particular expertise or experience and may be appointed to
handle high-profile or particularly complex cases. Their role ensures
that certain cases receive specialized attention due to their nature or
significance.
• This document is an official notification
from the Ministry of Home Affairs,
Narcotics Control Bureau (NCB),
Ahmedabad Zonal Unit, regarding the
appointment of Special Public
Prosecutors (SPPs). The appointment is
specifically for handling NDPS (Narcotic
Drugs and Psychotropic Substances)
cases in various district courts and NDPS
courts across cities such as Ahmedabad,
Bharuch, Deesa, Kheda, Porbandar,
Jamnagar, Vapi, Ankleshwar,
Gandhinagar, Mehsana, Morbi, and
Khambhaliya.
Contd..
• This document is an official notification from the
Ministry of Home Affairs, Narcotics Control
Bureau (NCB), Ahmedabad Zonal Unit, regarding
the appointment of Special Public Prosecutors
(SPPs). The appointment is specifically for handling
NDPS (Narcotic Drugs and Psychotropic
Substances) cases in various district courts and NDPS
courts across cities such as Ahmedabad, Bharuch,
Deesa, Kheda, Porbandar, Jamnagar, Vapi,
Ankleshwar, Gandhinagar, Mehsana, Morbi, and
Khambhaliya.
 • The Karnataka
government has
recently taken a
significant step by
appointing a Special
Public Prosecutor
(SPP) in a high-
profile case related
to the disposal of
movable assets
belonging to the late
J. Jayalalithaa,
former Chief Minister
of Tamil Nadu.
 Contd..
• Who Appoints the Public Prosecutor?
• Government Authority: The Central and State Governments are responsible for appointing a Public
Prosecutor and Additional Public Prosecutors for each High Court and District Court.
• Conduct of Prosecution: These appointed prosecutors represent the government in court for criminal
cases and appeals..
• 2. Panel of Names
• District Magistrate's Role: To appoint a Public Prosecutor for a district, the District Magistrate must
create a list (or panel) of names in consultation with the Sessions Judge. This list includes individuals
they believe are qualified for the position.
• State Government Appointment: The State Government must choose Public Prosecutors from this
panel.
• Restriction on Appointments: The State Government cannot appoint anyone as a Public Prosecutor
unless their name is on the panel prepared by the District Magistrate.
• 3. Regular Cadre of Prosecuting Officers
• What is a Cadre?: A "regular cadre" refers to a structured group of Prosecuting
Officers, which includes Assistant Public Prosecutors at the entry level and Public
Prosecutors at the top level.
• Appointment from the Cadre: If such a cadre exists, the State Government is
required to appoint Public Prosecutors only from this group.
• Exception: If the State Government finds that there are no suitable candidates in
the cadre, they can appoint someone from the panel of names instead.
• Court Clarification: The Supreme Court has clarified that if there isn’t a complete
cadre of Prosecuting Officers (i.e., if there is no one qualified to be a Public
Prosecutor), then the State Government doesn’t have to limit their appointments to
the cadre alone.
Contd..
• A regular cadre of Prosecuting Officers is a structured group of
legal professionals within the criminal justice system, specifically
responsible for prosecuting criminal cases. This cadre typically includes:
• Assistant Public Prosecutors: The entry-level officers who handle cases at
the lower courts.
• Public Prosecutors: More senior officers who represent the state in higher
courts, including sessions courts and high courts.
• A regular cadre of Prosecuting Officers is a structured group of
legal professionals within the criminal justice system, specifically
responsible for prosecuting criminal cases. This cadre typically includes:
• Assistant Public Prosecutors: The entry-level officers who handle cases at
the lower courts.
• Public Prosecutors: More senior officers who represent the state in higher
courts, including sessions courts and high courts.
 APPs
• Section 19 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses the appointment
of Assistant Public Prosecutors (APPs) within the district for the prosecution of cases in
Magistrate courts. This provision is designed to ensure that qualified individuals are
designated to handle prosecutions effectively in the judicial system.
1.Section 19(1):
1. The State Government is mandated to appoint one or more Assistant Public Prosecutors in each district.
This is essential for facilitating the prosecution process in Magistrate courts and upholding justice.
2.Section 19(2):
1. This provision stipulates that no police officer is eligible to be appointed as an Additional Public Prosecutor,
with certain exceptions outlined in subsection (3). This aims to maintain the integrity and independence of
the prosecutorial role, preventing any conflict of interest that could arise from police involvement in
investigations.
3.Section 19(3):
1. In cases where no Assistant Public Prosecutor is available, the District Magistrate has the authority to
appoint another individual to serve as an Assistant Public Prosecutor for that specific case. However,
certain conditions apply to ensure impartiality:
1. (a) A police officer who has been involved in the investigation of the offence cannot be appointed.
2. (b) Only police officers of the rank of inspector or above are eligible for appointment under this provision.
Contd..
• To become an Assistant Public Prosecutor, candidates must
successfully navigate a competitive examination conducted by the
Public Service Commission of their respective state, which typically
consists of multiple stages. The process begins with a Preliminary
Examination, an objective-type test that assesses candidates' general
knowledge, legal aptitude, and understanding of relevant laws, serving
as an initial filter for the selection process. Those who qualify move on
to the Mains Examination, a subjective-type test that evaluates their
detailed knowledge of legal principles, case laws, and the application
of these concepts to practical scenarios. Finally, candidates undergo a
personal interview where they are assessed on their communication
skills, legal reasoning, and overall suitability for the prosecutorial role,
allowing the interview panel to gauge their motivations and
commitment to public prosecution.
 Contd..
• Role of Public Prosecutor
1.Independence:
1. Acts objectively and independently, free from State Government influence (Captain Amarinder Singh v.
Prakash Singh Badal).
2.Separation from Investigating Agency:
1. Distinct from the investigating agency, serving as an independent statutory authority (Hitendra Vishnu
Thakur v. State of Maharashtra).
2. Evaluates requests for investigation extensions critically, ensuring due process.
3.Sole Authority in Sessions Court:
1. Exclusive authority to conduct prosecutions in Sessions Courts, emphasizing the importance of justice
over mere convictions (Shiv Kumar v. Hukam Chand).
4.Maintenance of Law and Order:
1. Responsible for upholding law and order and the rule of law, ensuring innocent individuals are not
wrongfully convicted while punishing guilty parties (State of U.P. and Another v. Johri Mal).
5.Ensuring Fairness in Proceedings:
1. Tasked with presenting all relevant facts for a just determination of truth, promoting fair trials (V.K.
Sasikala v. State).
6.Administration of Justice:
1. Integral to the legal system, ensuring processes are conducted fairly, transparently, and effectively to
Withdrawal from Prosecution:
Overview
• Withdrawal from Prosecution: Overview Withdrawal from Prosecution under
Section 321 of CrPC
• Under the Code of Criminal Procedure, 1973, Section 321 provides that only the Public
Prosecutor or Assistant Public Prosecutor in charge of a case can apply for withdrawal from
prosecution. This withdrawal requires the consent of the Court and can occur before the
judgment is pronounced. If withdrawal occurs before a charge is framed, the accused is
discharged; if it happens after, the accused is acquitted. However, for specific offenses
investigated under certain laws or involving the Central Government, the
prosecutor must obtain permission from the Central Government before moving
the Court.
• New Provisions in Section 360 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS)
The BNSS introduces notable changes to the withdrawal process. It expands the scope of
offenses requiring Central Government permission to include any offenses investigated
under a Central Act, instead of only those under the Delhi Special Police Establishment
Act. A critical addition is that no court shall allow withdrawal without providing the victim
an opportunity to be heard, enhancing the victim's rights in the judicial process.
Overview of the Directorate of
Prosecution under the Bhartiya Naya
Surksha
•
Sanhita
The Directorate of Prosecution (DOP) is a crucial component of the criminal
justice system established under Section 20 of the Bhartiya Naya Surksha
Sanhita (BNSS). The DOP is responsible for overseeing and managing the
prosecution of criminal cases in the state, ensuring that legal proceedings
are conducted efficiently and effectively. This section outlines the structure,
responsibilities, and qualifications for key positions within the DOP.
Understanding these provisions is essential for anyone studying criminal law
and the prosecution process.
• Introduction
• The establishment of the Directorate of Prosecution aims to enhance the
efficiency and effectiveness of criminal prosecutions within the State. The
DOP delineates clear roles and responsibilities for the prosecution team,
ensuring that qualified individuals oversee the prosecution of criminal cases.
This structured approach is essential for upholding justice and expediting
legal processes.
Contd..
• Before the 2005 amendment to the Code of Criminal Procedure (CrPC), the office of the Public Prosecutor in India

operated with limited autonomy, heavily influenced by the police and district administration. Prosecutors were

largely dependent on police investigations, playing a reactive role in court, and had little power to question or guide

police actions. Additionally, the District Magistrate and the executive branch had significant influence over

prosecutorial decisions, which led to concerns about bias and political interference. There was no separate

prosecutorial cadre, and the public prosecutor's office functioned as an extension of the police, lacking independent

oversight. The judiciary often criticized this lack of independence, which ultimately led to the 2005 amendment

introducing Section 25A, calling for the establishment of a separate Directorate of Prosecution under the

administrative control of the state's Home Department, aiming to ensure prosecutorial independence and

professionalism. But, is it enough?

 Structure of the Directorate of
Prosecution
• Structure of the Directorate of Prosecution
• 1. Establishment of the Directorate
• According to Section 20(1) of the BNSS, the State Government is empowered to
establish:
• A Directorate of Prosecution at the state level, which includes:
• A Director of Prosecution
• An appropriate number of Deputy Directors of Prosecution as deemed necessary.
• A District Directorate of Prosecution in each district, consisting of:
• A suitable number of Deputy Directors
• Assistant Deputy Directors of Prosecution as deemed appropriate.
• 2. Eligibility Criteria
• Section 20(2) sets out the eligibility requirements for these positions:
• Director of Prosecution / Deputy Director of Prosecution:
• Must have practiced as an advocate for at least fifteen years or have served as a Sessions
Judge.
• Assistant Director of Prosecution:
• Must have practiced as an advocate for at least seven years or have served as a first-class
Magistrate.
Contd..
• 3.Administrative Oversight
• The Director of Prosecution will operate under the administrative oversight of the
Home Department as stated in Section 20(3).
• 4. Reporting Structure
• According to Section 20(4):
• Each Deputy Director of Prosecution and Assistant Director of Prosecution
must report to the Director of Prosecution.
• Assistant Directors of Prosecution will report to their respective Deputy
Directors.
• 5. Authority Over Prosecutors
• As per Sections 20(5) and 20(6):
• The Director of Prosecution oversees all Public Prosecutors, Additional Public
Prosecutors, and Special Public Prosecutors handling cases in the High Court.
• Prosecutors handling District Court cases will report to the Deputy Director or
Assistant Director of Prosecution.
Contd..
• Responsibilities of the Directorate of Prosecution
• 1. Case Oversight
• The Director of Prosecution is responsible for overseeing serious offenses carrying penalties of
ten years or more, including life imprisonment or death penalties (Section 20(7)).
• 2. Review and Analysis
• The Deputy Director of Prosecution reviews police reports and supervises cases involving
offenses with penalties between seven and ten years to ensure swift resolution (Section 20(8)).
• 3. Assistant Director’s Role
• The Assistant Director of Prosecution oversees cases involving offenses punishable by less
than seven years (Section 20(9)).
• 4. General Authority
• Notably, Section 20(10) grants the Director, Deputy Director, or Assistant Director the authority
to handle any matters related to the prosecution.
• 5. Additional Responsibilities
• According to Section 20(11), the State Government can determine additional powers and
responsibilities for the prosecution team, ensuring flexibility in their roles.
Contd.
• Important Changes
• The BNSS removes the requirement for the Chief
Justice of the High Court’s approval in appointing
the Director or Deputy Director of Prosecution, a change
from previous regulations under Section 25A (2) of the
CrPC, which mandated such concurrence.
 Powers of superior officers of
police.
• Under the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023,
police officers have significant responsibilities to maintain law and
order, investigate crimes, make arrests, and gather evidence, all
while respecting human rights and following fair procedures.
• Powers of Superior Officers:
• According to Section 30 of the BNSS, 2023, senior officers (such
as the Superintendent of Police or above) have the same powers as
an officer in charge of a police station. This means they can perform
duties like investigating crimes, arresting suspects, and conducting
searches in any area under their jurisdiction, even outside the police
station they are assigned to.
 Director General of Police (DGP)
Additional Director General of Police (ADGP)
Inspector General of Police (IGP)
Deputy Inspector General of Police (DIG)
Senior Superintendent of Police (SSP)

Hierarchy Superintendent of Police (SP)

of Police
Additional Superintendent of Police (ASP)
Assistant SP (IPS) or Deputy SP (KPSC)
Sub-ordinates
Inspector of Police (PI)
Sub-Inspector of Police (PSI)
Assistant Sub-Inspector of Police (ASI)
Head Constable
Constable
S.31
• According to Section 31 of the Bhartiya Nagarik Suraksha Sanhita, 2023, every person
has a duty to help a Magistrate or police officer when they ask for assistance. This
assistance is required in the following situations:
1.Section 31(a): You must help if a police officer or Magistrate asks for your aid in arresting
someone or preventing them from escaping. The officer must have the legal authority to
arrest that person.
2.Section 31(b): You must help in stopping or preventing any situation that disturbs public
peace or order. A "breach of the peace" refers to any act that disrupts public order.
3.Section 31(c): You must assist in stopping any harm being done to public property. Public
property includes things or places that are meant for everyone to use, like parks, roads,
and utilities (such as water supply and electricity). It also includes historical monuments,
which are valuable sites that need protection and maintenance.
• In short, these laws make it clear that if a police officer or Magistrate asks for help in lawful
activities like making arrests, maintaining peace, or protecting public property, it is your
responsibility to assist them.
• In most cases, refusal to assist could lead to charges such as obstructing a police officer in
the performance of their duty.
 S.33
• Section 33(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires that if you know about a crime being committed or
someone’s plan to commit certain serious offenses listed in the Bharatiya Nyaya Sanhita, 2023, you must immediately inform
the nearest Magistrate or police officer. This obligation applies unless you have a valid reason for not doing so, and it’s your
responsibility to prove that excuse if questioned.
• The offenses you must report fall under the following sections of the Bharatiya Nyaya Sanhita, 2023:
1. Sections 103 to 105: Crimes involving riots or unlawful assemblies.
2. Sections 111 to 113: Offenses related to armed or violent disturbances.
3. Sections 140 to 144: Acts of criminal conspiracy or attempts to commit certain crimes.
4. Sections 147 to 154, and Section 158: Offenses like assault, wrongful confinement, and related crimes.
5. Sections 178 to 182: Offenses related to defamation and acts that insult or provoke others.
6. Sections 189 and 191: Serious offenses against public servants or acts of causing harm.
7. Sections 274 to 280: Offenses related to counterfeiting, forgery, and tampering with documents.
8. Section 307: Attempted murder.
9. Sections 309 to 312: Offenses relating to suicide and abetment of suicide.
10.Section 316(5): A particular provision concerning attempts to cause harm to a child before birth.
11.Sections 326 to 328: Crimes causing grievous harm or poisoning.
12.Sections 331 and 332: Specific offenses related to grievous hurt.
 Contd..
• Section 34 of the Bharatiya Nagarik Suraksha Sanhita, 2023
requires certain people, like village officers and residents, to
immediately inform the nearest Magistrate or police station about
specific types of important information related to crimes or suspicious
activities.
The duties of the general public towards the police in investigations are
essential for maintaining law and order, promoting justice, and ensuring
the safety of communities. Citizens play a crucial role by promptly
reporting crimes, providing accurate information, and cooperating with
law enforcement officers during investigations. By respecting legal
procedures, preserving evidence, and supporting the efforts of law
enforcement, individuals contribute to the effective functioning of the
criminal justice system. Ultimately, these responsibilities foster a
partnership between the public and the police, enhancing the overall
security and well-being of society.
Contd..
• Section 35(7) of BNSS is a new provision which was not
present in the previous edition of Criminal Procedure
Code.
• This provision provides that no arrest shall be made
without the prior permission of an officer who is below
the rank of Deputy Superintendent of Police in cases
where the offence is punishable for less than three
years and the person is an infirm or above the age of
Sixty years of age
Police
complaint
Filing a Normal
FIR under BNSS: A
Simplified Guide"
Steps
• Step 1: Approach the Local Police Station
• Imagine someone’s car was stolen from their neighborhood.
They need to go to the police station in the area where the
incident happened, rather than any station.
• Step 2: Tell the Officer What Happened
• Upon arrival, the person explains the incident to the officer, who
records it in the FIR register.
• If the report is given in person: The officer writes it down,
reads it back for confirmation, and the person signs it.
• If it was reported by email: The person must visit the station
within three days to confirm and sign the FIR.
Contd.
• Special Cases:
• For certain crimes (like harassment) reported by women, a woman officer
records the statement to ensure comfort.
• If someone has a physical disability, the officer can meet at a convenient
location, with an interpreter if needed.
• Step 3: Check for Serious Cases (Preliminary Enquiry)
• If the crime could lead to imprisonment of three to seven years (like theft
or assault), a senior officer’s permission is required for a preliminary
check. This ensures only serious cases go to full investigation.
• Step 4: Register the FIR: Once the above -mentioned steps are
verified, the officer assigns the complaint a unique FIR number and
provides the complainant with a free copy as proof that the case was
formally recorded.
 Contd..
• Step 5: Quick Action if Needed
• If the case is urgent (e.g., if there was an injury), the police might take
immediate steps, such as arranging medical help.
• Step 6: Assign an Investigating Officer
• The head of the police station assigns an officer to the case to make sure
there’s a dedicated investigator to handle all necessary actions.
• Step 7: Conduct the Investigation
• The officer then starts a full investigation. This involves gathering
evidence, talking to witnesses, reviewing CCTV footage, and other steps to
solve the case.
• Step 8: Provide Updates
• Throughout the investigation, the officer keeps the complainant informed
of any progress or updates, ensuring transparency in the process.
An FIR is a written document
drafted by the police upon
receiving information about
the occurrence of a
cognizable offence. A
cognizable offence is one for
which the police can make an
arrest without a warrant and
initiate an investigation
independently, without
requiring court orders.
 FIR
• Despite the absence of a formal definition, the BNSS 2023 provides several provisions that indirectly shed light on the

significance and role of an FIR. For instance, Section 154 of the Sahita mandates police officers to record information related to

cognizable offences reported to them, which essentially forms the basis of an FIR.

• Section 173 (1) of the BNSS 2023 stipulates that a police officer investigating a cognizable offence must prepare an FIR and

forward it to the nearest magistrate within 24 hours of receiving the information. This provision underscores the importance of

an FIR as a formal record of the initial investigation conducted by the police.

• The first information report is about the ignition of the criminal justice system. The purpose of registering an FIR is to set the

machinery of criminal investigation into motion, which culminates with the filing of the police report. Only after registration of

the FIR, the beginning of the investigation in a case, the collection of evidence during investigation and the formation of the

final opinion are the steps that result in the filing of a report under Section-193, BNSS

• .
 Contd..
• FIR is registered under Section 173 of the BNSS, 2023. Anyone who has information about the commission of a
cognizable offence can lodge an FIR.

• Can an FIR be filed by the police based on information provided by a third party,
even if the police have not personally witnessed the incident?"

• It is not necessary that he/she be the victim or eye-witness himself. A police officer can lodge an FIR on his own if he
comes to know about the commission of a cognizable offence.

• In State of Punjab vs. Gurmit Singh (2009), 2 SCC 575, the Supreme Court held that a police officer can register an
FIR based on information received from a reliable source, even if the officer does not have personal knowledge of the
incident. The Court noted that the purpose of an FIR is to set the criminal justice system in motion, and that this
purpose would be defeated if the police were required to conduct a preliminary investigation before registering an
FIR.
 Contd..
• Section 173 : information in cognizable cases

• Any report regarding the occurrence of a cognizable offence can be communicated orally or through electronic means to the police

station’s officer in charge, regardless of the location where the offence took place. If such information is provided.

• If reported orally, it must be written down and signed by the informant after being read back to them.

• If reported electronically, it must be signed within three days by the person giving it and recorded in a prescribed format The details of

the information should be entered into a designated book in a format specified by the State Government. Additionally, if the information

is provided by a woman who is allegedly a victim under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section

70, Section 71, Section 74, Section 75, Section 76, Section 77, Section 78, Section 79 or Section 124 of the Bharatiya Nyaya Sanhita,

2023, it must be recorded by a female police officer or any female officer authorised for this purpose.
 Contd..
• If an offence under Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, or
124 of the Bharatiya Nyaya Sanhita, 2023, is committed or attempted against
someone who is temporarily or permanently mentally or physically disabled, the
following steps are taken:
1.The information about the offence will be recorded at the person’s home or a location
that is convenient for them.
2.An interpreter or special educator will be present if needed.
3.The recording must be done on video.
4.The police must also ensure that the person’s statement is promptly recorded by a
magistrate.
5.A free copy of the recorded information must be given to the informant or victim.
Contd..
• The Bhartiya Naya Suraksha Sanitha (BNSS) introduces the electronic
FIR (E-FIR) system, allowing victims, particularly women, to register
FIRs online. This change aims to expedite the registration process
and help victims avoid reliving traumatic experiences when reporting
crimes.
• However, this development raises concerns about the potential for
unregulated online FIR registrations. To address this, the
Parliamentary Standing Committee has suggested that electronic
FIRs should only be permitted through specific, state-regulated
channels to prevent logistical issues and the excessive filing of FIRs.
• Under Section 173(1) of the BNSS, when an e-FIR is lodged, the
informant must provide their signature within three days before the
FIR is officially recorded.
 Zero FIR
• Zero FIR enables reporting a cognizable offense at any police station,
regardless of jurisdiction, ensuring immediate registration and prompt
intervention, especially in urgent cases. Introduced to remove jurisdictional
delays, Section 173(1) now mandates Zero FIRs under the Bhartiya Naya
Suraksha Sanhita (BNSS) 2023, reinforcing that police must record the
complaint without territorial restrictions.
• Zero FIR originated as a protective measure for women's safety, allowing
victims of crimes, especially women, to report incidents at any police
station, regardless of jurisdiction. Zero FIR was introduced after the
recommendation of the Justice Verma Committee, which was set up after
the 2012 Nirbhaya gangrape case.
• The Ministry of Home Affairs issued a 2015 advisory recommending Zero
FIRs for crimes against women, and courts have highlighted its importance. In
State of AP v. Punati Ramulu, the Supreme Court held that officers must
register complaints and forward them to the appropriate jurisdiction,
underscoring the need for Zero FIRs.
 Remedy for refusal ( FIR)
• Remedy under Section 173(4) BNSS:
• If a police officer refuses to record information about a cognizable offense, the
aggrieved person may send the information to the Superintendent of Police (SP).
• The SP, if satisfied that the information indicates a cognizable offense, must
investigate the case or direct a subordinate officer to do so.
• Failing this, the aggrieved person may apply to the Magistrate for recourse.
1.Remedy under Section 199 BNS – Public Servant Disobeying Direction
Under Law:
1. A public servant who knowingly disobeys any legal direction regarding the conduct of an
investigation, especially regarding attendance or recording information on certain cognizable
offenses, may face rigorous imprisonment of 6 months to 2 years and be liable to a
fine.
2. This applies if the public servant fails to record information given under Section 174(1) of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for offenses under Sections 64, 65, 66, 67, 68,
71, 73, 77, 124, 143, or 144.
Contd..
• The judgement in Lalita Kumari vs. Government of Uttar
Pradesh marked a significant milestone in reforming the criminal
justice system in India. By mandating the compulsory registration of
FIRs, the Supreme Court sought to enhance the efficiency and fairness
of the investigative process, ensuring that all cognizable offences were
promptly addressed and investigated by law enforcement agencies.
E-FIR
• How to register online FIR Bangalore via App
• Go to play store and download Karnataka State Police app to register online FIR Bangalore with
app
• Create or log in with your email id.
• Tap on ‘New Report’ and select the category and subcategory of the item that you lost.
• Enter details of item, place details, time when you lost your item, and your personal details.
• Tap on the ‘Submit’ button and wait for the confirmation message.
• You will get an email and a text message with a reference number and eReport.
• Apply for duplicate documents or claim insurance with the online eFIR report.
• You can also check the status of your report: Click on ‘Retrieve’ and enter reference number.
• How can you register an online FIR Karnataka Online?
• You can register an online FIR Karnataka
• Go to Bangalore Karnataka Police Official Website. Scroll down a little, you will see a box with
heading Online Service.
Arrest
• [SECTIONS 35 TO 62 OF
BHARATIYA NAGARIK
SURAKSHA SANHITA,
2023]
What is Arrest?
• What is Arrest (Sec. 43 BNSS): Though there is no
specific definition of 'Arrest' in any provision, the term
generally means the actual seizure of one's physical
movement or liberty. lt is done by touching or confining
the body of the person to be arrested unless the person
voluntarily submits to the custody of the police officer. It
is a legal process that takes away one's personal liberty.
It is a mode of formally taking a person into police
custody
Under Section 35
• Under Section 35 of the Bhartiya Naya Suraksha Sanitha (BNSS), the police
can arrest someone without a warrant if they fall into the following
categories:
1. Caught committing a serious crime: If a person is committing a serious
offense (cognizable offense) right in front of a police officer, the officer can
arrest them immediately.
2. Proclaimed offender: If the person has been officially declared a fugitive
(proclaimed offender) by the court, the police can arrest them on sight.
3. Possession of suspected stolen goods: If someone is found with items
that are believed to be stolen, and there is reason to think they committed a
crime related to those items, they can be arrested.
4. Obstructing the police or escaping custody: If a person interferes with a
police officer performing their duties, or tries to run away from legal custody,
they can be arrested.
5. Deserter from the Armed Forces: If a person has deserted or left the
Armed Forces without permission, the police have the right to arrest them.
6. Extradition or detention orders: If there is an extradition order or another
legal order for someone’s arrest, the police can act on it and detain them.
7. Breaking parole or other release conditions: If a person who was
released from jail breaks any of the rules set for their release, the police can
arrest them again.
8. Request from another police officer: If a police officer from another
When it comes to arrests during an investigation, the law divides the accused or
suspect into three categories. Here’s how the process works for those facing
charges punishable by seven years or less in prison:
• 1. Accused facing punishment of seven years or less:
• a. Police must have reasons for arrest: If the offense is punishable by less than seven years, the police
officer must explain why they think the person committed the crime and why arresting them is necessary. They
must write this down.
• b. Checklist for arrest: When making the arrest, the Investigating Officer (IO) must fill out a checklist, showing
one or more reasons based on Section 35(1)(b)(xii) of the BNSS. These reasons include:
• Prevent further crimes: The person might commit another offense if not arrested.
• Help with investigation: The police need the person in custody to properly investigate the case.
• Stop evidence tampering: The person might destroy or hide evidence.
• Prevent influencing witnesses: The person could threaten or convince witnesses not to share information
with the police or court.
• Ensure court appearance: The person must be arrested to make sure they show up in court when needed.
• c. Notice instead of arrest: If the IO decides not to arrest the person, they will issue a notice under Section
35(3) of the BNSS, asking the person to cooperate with the investigation. This notice will be in a standard format
(Annexure-2).
• d. Terms and conditions: The IO can set conditions in the notice, such as regular check-ins or cooperating with
the investigation. If the person does not follow these conditions, they can be arrested later. A sample form for
these conditions is available (Annexure-2A).
Contd..
• e. Acknowledgement of notice: The person who receives the notice must give the police a
signed acknowledgment that they received it. There’s a form for this too (Annexure-2B).
• f. Review of decision not to arrest: If the police officer decides not to arrest, they must explain
why in writing and send this explanation to their senior officer (SDPO/ACP) within two weeks of
starting the case.
• g. Acknowledgement for cooperation: When the person responds to the notice and appears
before the IO, the officer must give them a written acknowledgment if they ask for one (Annexure-
2C).
• h. If the person doesn’t show up: If the accused fails to show up after getting the notice, they
may be given a new date to appear. However, they must inform the police in advance and explain
why they couldn’t appear on the first date.
• i. Extensions only for valid reasons: If the police officer believes the person is trying to delay
the investigation or is being evasive, they can deny any request for an extension. They must
record the reasons in the case diary.
• j. Copy of the notice: The police officer should keep a copy of the notice in the case file, which
can be shown to a magistrate if necessary.
• k. Disciplinary action for non-compliance: If the police officer does not follow these rules,
they can face disciplinary action under the relevant laws and regulations.
Guidelines for Notice Issuance and
Arrest Procedures Under Section 35
of the BNSS
• Register of Notices Issued:
• Maintaining Records: Police stations must keep a register for notices issued under Section 35(3) of the BNSS.
This register will help track accused or suspect persons. The format for this register is provided in Annexure-3.
• 2. Arrest for Offenses Punishable by More Than Seven Years:
• Satisfaction of the Officer: If the offense is serious (punishable by more than seven years), the police officer
must ensure that they are satisfied that the accused has indeed committed the crime before making the arrest.
• 3. Arrest for Offenses Punishable by Less Than Three Years:
• Special Considerations for Certain Individuals: If the offense is punishable by less than three years, and
the accused is:
• Infirm (physically or mentally unable to take care of themselves)
• Over 60 years old
• a. The police officer must get permission from a higher-ranking officer (such as a DySP, SDPO, ACP, or another
senior officer) before making the arrest.
• b. Collecting Documentation: The Investigating Officer (IO) should gather relevant documents that prove the
person's age or infirmity to support their case.
• 4. Issuing Notices in Cognizable Cases:
• Under Section 35(3) of the BNSS, police officers can issue notices to accused persons in all cognizable cases
when it is determined that an arrest is not necessary. This means that the police can inform the accused of the
charges and require their cooperation without physically arresting them.
Rights of the Arrested Person
(BNSS 2023)
• Rights of the Arrested Person (BNSS 2023)
1.Right to Information: The arrested person must be informed of the grounds for arrest and
their right to bail.
2.Notification of Arrest: A family member or friend, as per the arrested person’s choice,
must be informed about the arrest.
3.Timely Detention: The person cannot be detained for more than 24 hours without judicial
authorization.
4.Health and Safety: The health and safety of the arrested person must be ensured.
5.Legal Representation: The arrested person is entitled to meet an advocate of their choice
during interrogation, although not necessarily throughout.
6.Presentation before Magistrate: The arrested person must be produced before the
magistrate with jurisdiction.
7.Compliance with BNSS 2023: The arrest must be conducted strictly in accordance with
BNSS 2023 provisions.
8.Control Room Notification: The arrest must be reported to the District Control Room and
State Control Room.
 Arrest
• Recently, the Bombay High Court in the matter of Abhijit Padale v. State of Maharashtra has held that the arrest cannot be made merely
because of the allegation against a person it must be duly justifiable, and reasons of arrest must be recorded by the Police officers.
•
In the present case, the petitioner is the journalist arrested under the charges of Sections 384 and Section 506 of the Indian Penal Code, 1860
(IPC) on 16th January 2022.
• The petitioner was produced before the court on the same day of arrest and produced before the Magistrate.
• The Magistrate held that the arrest was not made in accordance with the issued guidelines and hence remanded him to the
Magistrate’s custody.
• The petitioner filed bail application but due to non-presence of public prosecutor the petitioner had to remain in custody till 18th January 2022.
• The petitioner argued that the arrest made was illegal as it was not a serious offence and bailable and no reasons were recorded before arresting
the Petitioner to justify his arrest which is clear violation of Section 41 of Code of Criminal procedure, 1973(CrPC).
• It was further argued by the petitioner that no notice under Section 41A of CrPC was served upon the Petitioner before arresting him.
• Therefore, the Petitioner’s arrest, detention in Police custody and in jail for a total period of 3 days i.e., from 15th January, 2022 to 18th
January, 2022 was not only unwarranted but also illegal.
• The petitioner also argued that the arrest made by the Police is in violation of Article 21 of the Constitution as the arrest was made to harass
and torture the petitioner.
• Therefore, the criminal writ petition was filed before the Bombay High Court by the petitioner.
 Conclusion
• The Bombay High Court observed that notice before arrest under Section 41A of CrPC has
not been served on the petitioner and also he was not informed about the arrest and the
reasons of arrest were not duly recorded by the petitioner.
• The Bombay High Court further noted that the arrest made was in violation of the guidelines
issued under Arnesh Kumar v. State of Bihar and Anr (2014).
• The Bombay High Court also referred to the case of DK Basu v. State of West Bengal
(1996), the latin maxim 'salus populi est supreme lex' (the safety of the people is the
supreme law) and salus republicae est suprema lex (safety of the state is the supreme law)
goes hand in hand.
• The Bombay High Court based on the above observations held the arrest of the petitioner
legal and stated that the arrest made must be justifiable by the Police officers.
Section 36:
• Section 36: What Police Officers Must Do During an
Arrest
1.Wear Identification: When making an arrest, police officers
must wear clear and visible badges showing their names so
people know who they are.
2.Create an Arrest Memo: The officer must write a note, called
a memo, that explains the arrest details. This note has to be
signed by a witness and the arrested person, to confirm that
everyone understands the reason for the arrest.
3.Inform a Relative: The arrested person has the right to have a
family member or friend told about their arrest, so someone
close to them knows what’s happening.
Contd..
• Section 38: Right to a Lawyer During Interrogation
• An arrested person has the right to talk to a lawyer during
questioning by the police, but the lawyer doesn’t stay for the
entire interrogation. This rule allows the arrested person to get
legal advice while still letting the police question them directly
• Section 58: Presenting the Arrested Person Before a
Judge
• Within 24 hours of arrest, the police must bring the person to a
judge. This step makes sure that the detention is lawful and that
the person isn’t held for too long without a judge's approval.
• These rules aim to protect the rights of people who are arrested
and ensure that the police follow fair procedures.
Contd..
• Guidelines for Arrest Issued in the case of Arnesh Kumar v. State of Bihar
and Anr
• The Court issued certain guidelines under this case to prevent illegal arrest under the
offences punishable with imprisonment up to 7 years:
• Police officers must comply with the provision of Section 41 of CrPC (now covered under
Section 35 of BNSS).
• Police officers must issue notice before making an arrest as per section 41 A of CrPC (now
covered under section 35 of BNSS).
• The reasons for arrest must be submitted before the magistrate at the time of production of
the arrested person.
• The Magistrate shall duly undertake the reasons submitted by the Police officers before
granting any decision.
• Magistrates authorizing detention without recording reasons will face departmental action by
the appropriate High Court.
• Police officer may face departmental action and contempt of court if not complied with these
issued guidelines.
• Joginder Kumar v. State of UP (1994):
• In this case guidelines were issued by the Supreme Court to
make an arrest by the Police officer and it was stated that
mere existence of power does not gives right to the police
officer to arrest anyone without justifiable reasons.
• Existence of power and exercise of power are two different
things and mere existence of power does not give right to
exercise it without reasonable cause.
 Contd..
• Pankaj Bansal v. Union of India (2023):
• Supreme Court held that to give true meaning to constitutional and statutory mandates, “it would be necessary, henceforth, that a
copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception”.
• Hussainara Khatoon v. Home Secretary, State of Bihar (1979):
• The Supreme Court held that every accused individual lacking the means to secure legal representation possesses a constitutional
entitlement to receive free legal services from the State.
• The court further said that it is the constitutional duty of the State to provide a lawyer to such individuals if the demands of justice
require it. Failure to offer free legal aid could lead to the trial being nullified for contravening Article 21.
• State of West Bengal v. Anwar Ali Sarkar (1952):
• The Supreme Court held that access to legal counsel is a fundamental right, and that the government is obligated to provide legal
aid to those who cannot afford it.
• This decision proved pivotal in ensuring that everyone, irrespective of financial resources, could avail themselves of legal
representation.
• D.K. Basu v. State of West Bengal (1997):
• The Supreme Court issued guidelines for the arrest and detention of a person in this case which included the requirements that the
arresting officer must inform the person of his/her right for legal representation and his right of informing to his relatives/ famil
• Arnesh Kumar v. State of Bihar (2014):
• Supreme Court of India ordered to ensure that police officers do not arrest the accused unnecessarily and magistrate do not
authorize detention in such cases.
How Arrest is Made (Sec. 43 BNSS):

• How Arrest is Made (Sec. 43 BNSS):

• Actual arrest can be effected by the following means:
• iii
• By using words, actions, touching, or confining the body of the person to be
• arrested to take them into custody.
• ln other words, it is a legal process that circumscribes the liberty of an
• individual and prevents them from moving beyond without the permission of
• the police officer or court.
• A police officer may use all necessary means to effect the arrest if the person
• forcibly resists or attempts to evade arrest (Sec. 4g (2) BNSS).
 Exceptions
• Special Rules for Arresting a Woman (Sec. 43)
1. Only Female Officers Can Arrest Women: A woman can only be arrested by a female police officer, ensuring privacy
and respect.
1. Example: If a woman is suspected of a crime, only a female officer can arrest her. Male officers cannot handle the arrest themselves.
2. Male Officers Cannot Physically Touch a Woman to Arrest Her: If a male officer is present, he is not allowed to
physically touch or restrain the woman during the arrest.
1. Example: If a male officer finds a woman suspect, he must call a female officer to physically take her into custody rather than doing it
himself.
3. No Arrest of Women After Sunset and Before Sunrise: A woman cannot be arrested at night, except in exceptional
cases. In such cases, a court order must first be obtained, and a female officer must make the arrest.
1. Example: If police need to arrest a woman at midnight due to an urgent crime, they must get a court order and have a female officer
handle the arrest.
• ii. Protection for Members of the Armed Forces (Sec. 42)
• If a member of the Armed Forces (e.g., Army, Navy, Air Force) does something in their official duty, they cannot be
arrested for it right away. The police need permission or an order from the Central Government before making an arrest.
• Example: If a soldier is involved in a conflict while on duty and a complaint is filed, police cannot directly arrest the
soldier. They must first get approval from the Central Government to proceed.
• iii. Children in Conflict with Law (CCL)
• A child who is accused of a crime, often referred to as a "Child in Conflict with Law," should never be arrested in the same
way as adults. Instead, the law mandates alternative approaches, focusing on their rehabilitation rather than punitive
actions.
• Example: If a 14-year-old is caught shoplifting, the police cannot arrest the child like an adult. They need to handle the
case in a way that aligns with juvenile justice, such as taking the child to a Juvenile Justice Board.
Contd..
• iv. Interim Protection or Stay Order by the Court
• If a court has granted a temporary protection or a “stay order” on arrest, the police
cannot arrest the individual while the order is in effect.
• Example: If someone gets a stay order on their arrest from the court due to lack of
evidence, the police cannot arrest them until that order is lifted or expires.
• v. Anticipatory Bail
• If someone informs the police that they have been granted "anticipatory bail" (pre-
arrest bail), the investigating officer (IO) must check if the bail is valid before
making an arrest.
• Example: If a person is accused of theft and tells the police they already have
anticipatory bail, the IO must verify this claim first. If the bail order is legitimate,
they cannot proceed with the arrest; otherwise, they can continue.
• These exceptions aim to protect certain individuals, such as women, children,
military personnel, and those with legal protections, from immediate arrest to
ensure fairness and respect for their rights.
 Contd..
• The Supreme Court, with Justices B.R. Gavai and Sandeep Mehta presiding,
declared NewsClick founder Prabir Purkayastha’s arrest and remand illegal and
void due to the failure to provide written grounds for his arrest.( Analyse)

Bharati S. Khandhar v. Maruti Govind Jadhav (2012)

• Sheela Barse v. State of Maharashtra (1983)

Arrest of women:file:///Users/amithsriram/Downloads/Arrest%20of%20women.pdf
 Section 39 - Arrest of Person Refusing to
Provide Name and Residence
• Grounds for Arrest
• Provision: When any person who, in the presence of a police
officer, has committed or has been accused of committing a non-
cognizable offense refuses to provide their name and residence
upon demand, or gives a name or residence that the officer has
reason to believe is false, the officer may arrest that person to
ascertain their true identity and residence.
Release Conditions
• Provision: Once the true name and residence of the arrested
person have been ascertained, they shall be released on a bond or
bail bond to appear before a Magistrate if required. If the person is
not a resident of India, the bail bond must be secured by a surety or
sureties who are residents of India.
3. Forwarding to the Magistrate

Provision: If the true name and residence of the person

are not ascertained within twenty-four hours of their
arrest, or if they fail to execute the bond or bail bond, or,
if required, to furnish sufficient sureties, they shall be
forwarded to the nearest Magistrate having jurisdiction.
• Section 39 of the BNSS provides law enforcement
officers with clear guidelines on how to handle
individuals who commit non-cognizable offenses and
refuse to identify themselves.
 1. Authority for Private Arrests.
S 40
• Provision: Any private person may arrest or cause the arrest of
someone who commits a non-bailable and cognizable offense in their
presence, or anyone who is a proclaimed offender. After making the
arrest, this person must hand over the arrested individual to a police
officer as soon as possible, but within six hours. If no police officer is
available, the individual must be taken to the nearest police station.
• (2) If there is reason to believe that such person comes under the provisions of
sub-section (1) of section 35, a police officer shall take him in custody.
• If there is a reason to believe that the arrested person has committed
a non-cognizable offense (a less serious crime) and they refuse to
provide their name and residence, or if they give false information,
the police will handle the situation according to section 39. However,
if there is no sufficient evidence to believe that a crime has been
committed, the person should be released immediately.
 Arrest by Magistrate.
(1) When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and may
thereupon, subject to the provisions herein contained as to bail,
commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time

arrest or direct the arrest, in his presence, within his local jurisdiction,
of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant
 Search of place entered by
person sought to be arrested. S
44 officer or a person with a warrant has a good reason to believe that the
• If a police
person they want to arrest is inside a specific location, the person who lives or is in
charge of that place must allow them to enter. They must provide reasonable help
for the search.
• If the police cannot get into the place using normal means (like knocking and being
let in), they are allowed to break down doors or windows to enter if they have a
warrant or if they believe the person will escape if they don’t act quickly. However,
if the place they are trying to enter is a woman’s room (and she usually does not
appear in public), they must inform her that she can leave before they enter.
• Police officers or anyone authorized to make an arrest can break open any door or
window if they need to rescue themselves or someone else who is stuck inside
after entering legally for the purpose of making an arrest.(If a police officer has
entered a place lawfully to make an arrest and gets stuck or trapped, they are
allowed to break down doors or windows to get out.)
 S.49 Search of arrested Person
• A police officer can search a person who has been arrested in certain situations:
• If the person is arrested under a warrant that does not allow for bail, or if they cannot
provide bail under a warrant that allows for it.
• If the person is arrested without a warrant, or by a private person under a warrant, and
cannot legally be bailed out or cannot provide bail.
• In these cases, the officer making the arrest or the police officer receiving the person must
search them and keep any items found, except for necessary clothing. If any items are
taken, the officer must give a receipt to the arrested person detailing what was seized.
• If a female needs to be searched, the search must be conducted by another female, and it
should be done with respect for decency.
• S. 50 - When a police officer or another authorized person makes an arrest, they
have the authority to immediately take away any offensive weapons that the
arrested person has on them. All weapons that are seized must be handed over
to the Court or the designated officer to whom the arrested person is being
presented.
 Examination of Accused by Medical Practitioner
at the Request of a Police Officer
1. When an individual is arrested on a charge of an offense that is of such a nature and alleged to have occurred
under circumstances providing reasonable grounds to believe that an examination of the individual will yield
evidence related to the commission of the offense, it is lawful for a registered medical practitioner, upon the
request of any police officer, and for any person acting in good faith under their guidance, to conduct an
examination of the arrested individual. This examination must be reasonably necessary to ascertain the facts
that may provide such evidence, and reasonable force may be used if necessary for this purpose.
2. In cases where the individual to be examined is female, the examination shall be conducted only by, or under
the supervision of, a female registered medical practitioner.
3. The registered medical practitioner shall promptly forward the examination report to the investigating officer.

• Explanation: In this section, as well as in sections 52 and 53:

(a) "Examination" encompasses the analysis of blood, blood stains, semen, swabs in cases of sexual offenses,
sputum, sweat, hair samples, and fingernail clippings using modern and scientific techniques, including DNA
profiling and any other tests deemed necessary by the registered medical practitioner in a specific case

(b) "Registered medical practitioner" refers to a medical professional who holds a medical qualification
recognized under the National Medical Commission Act, 2019 (30 of 2019) and whose name is recorded in the
National Medical Register or a State Medical Register under that Act.
 Section 52: Examination of a Person Accused of
Rape by Medical Practitioner
1.If someone is arrested for rape or trying to rape someone, and there is a good reason to
believe that examining them could provide evidence of the crime, a doctor who works in a
government or local hospital can perform the examination. If there isn’t a doctor available
within 16 kilometers of where the crime happened, another registered doctor can do it at
the request of the police. Other people can help the doctor in a safe and reasonable
manner if needed.
2.The doctor must quickly examine the accused person and write a report that includes:
(i) The name and address of the accused and the person who brought them in.
(ii) The age of the accused.
(iii) Any injuries on the accused’s body.
(iv) Details about samples taken for DNA testing.
(v) Other important information in clear detail.
3.The report must explain why the doctor came to each conclusion.
4.The exact times when the examination starts and finishes must also be noted in the report.
5.The doctor must send the report quickly to the police officer in charge, who will then give it
to the court as part of the official documents.
S.53
• When someone is arrested, they must be checked by a medical officer working
for the Central or State Government. If a government medical officer isn’t
available, a registered doctor can do the examination soon after the arrest.
• Additional Conditions:
1.If the medical officer or doctor thinks another examination is needed, they can
do so.
2.If the arrested person is a woman, only a female medical officer or a female
doctor can perform the examination. If a female medical officer isn’t available,
then a female registered doctor must do it.
• The medical officer or doctor must write a report detailing any injuries or marks
of violence on the arrested person’s body and give an estimate of when those
injuries may have occurred.
• A copy of this medical report should be given to the arrested person or
someone they choose.
 CrPC to BNSS
• The BNSS introduces significant changes to the provisions for the
medical examination of an accused by replacing the requirement that
only a police officer of at least the rank of Sub-Inspector can order
such examinations, as specified in Sections 53 and 53A of the
Criminal Procedure Code (CrPC), with a broader rule that allows any
police officer to make this request. This shift raises concerns about the
risk of sensitive and intimate bodily samples, like DNA and blood,
being collected by officers who may lack proper training or
experience, thus potentially affecting the accused's right to privacy
and the integrity of evidence.
• Question: How does the shift from restricting authority to higher-
ranking officers to allowing any police officer to order medical
examinations impact the balance between effective law enforcement
and the protection of individual rights?
Case Laws:
• The D.K. Basu guidelines require the medical
practitioner to conduct medical examinations once
every 48 hours when the arrestee is in custody.[17]
Contrary to this, Cl.53(1) does not mandate multiple
examinations (‘one more examination’) and instead
leaves this issue to the discretion of the medical
practitioner.
• https://www.sndlegalassociates.com/post/medical-exami
nation-of-victim-and-accused-in-case-of-rape#:~:text=A
s%20per%20Section%2053A%20of,mention%20anythin
g%20about%20potency%20examination
.
Handcuffing
• Clause 43(3) BNSS
• Discretionary Powers: This clause
allows police to use handcuffs when
arresting someone, depending on the
seriousness of the crime and certain
conditions.
• Conditions for Use: Handcuffs can be
used if:
• The person has a history of being a
repeat offender.
• They have previously escaped from
custody.
• They have committed serious
crimes (like organized crime, drug
offenses, murder, etc.).

This Photo by Unknown Author is licensed under CC B

Concerns About Constitutional
Rights
• Human Dignity: The use of handcuffs is considered
potentially degrading and unconstitutional if not applied
correctly. The Supreme Court has established strict criteria
to ensure that handcuffing is justified, including:
• The person must show a credible risk of violence.
• Handcuffs should only be used for a short time.
• Reasons for handcuffing must be recorded and communicated.
• Use of handcuffs must have judicial oversight for extended periods.
• Risk of Escape: Simply fearing that someone might escape
does not justify using handcuffs. Police should first explore
less restrictive options before resorting to handcuffs.
 Issues with Clause 43(3)
• Vague Language: The clause mentions the "nature and gravity of the
offence" but does not clearly define what this means. This vagueness could
lead to subjective decisions by police officers about when to use handcuffs.
• Lack of Criteria: The clause does not require police to consider whether
less restrictive measures could be used before applying handcuffs, nor
does it provide guidelines for assessing individual cases.
• Definition of Offenders: The terms "habitual" and "repeat offender" are
not clearly defined:
• Habitual Offender: Typically has specific definitions in some states, often
requiring multiple convictions.
• Repeat Offender: No clear legal definition, which could refer to anyone who has
committed more than one crime.
• Lack of Clarity on Handcuff Use: It is unclear whether handcuffs can
only be used for crimes the person has repeatedly committed and how
prior convictions or arrests should be considered.
 S.54- Identification of person
arrested.
• When someone is arrested for a crime, and it's important to confirm their identity through
recognition by another person (or people), the court with the appropriate authority can allow this.
Upon request from the police officer in charge, the court can order the arrested person to undergo
an identification process, which will be conducted in a way that the court thinks is appropriate.
• Special Considerations:
• If the person who is identifying the arrested individual has any mental or physical disabilities, the
identification process must be supervised by a Magistrate.
• The Magistrate will ensure that the identification is carried out in a way that is comfortable for the
identifying person.
• Additionally, the entire identification process should be recorded using audio or video equipment to
ensure transparency and accuracy.
• This approach aims to ensure that the identification process is fair, respectful, and sensitive to the
needs of all individuals involved, particularly those with disabilities.
• In a case involving sexual assault, the victim may not have seen the assailant clearly but
can describe certain features. After the arrest of a suspect, the court could allow the
victim to identify him in a line-up or through other identification methods, ensuring that
any identification is recorded properly.
 Procedure when police officer deputes
subordinate to arrest without warrant. S.55
• According to this provision, when the officer in charge of a police station, or any police officer
conducting an investigation under Chapter XIII, requires a subordinate officer to effect an arrest in
the absence of a warrant, a formal process must be followed to ensure legality and accountability.
1.Issuance of a Written Order: The senior officer must deliver an explicit written order to the
subordinate. This order must detail:
1. The identity of the person to be arrested.
2. The specific offense or other grounds justifying the arrest.
2.Notification to the Person to be Arrested: Before proceeding with the arrest, the subordinate
officer is obligated to:
1. Inform the individual of the core details of the arrest order.
2. Present the written order for inspection upon the arrestee’s request.
3.Non-Derogation from Section 35 Powers: Subsection (2) clarifies that this procedure does not
restrict the general powers granted under Section 35 of the BNSS, which authorizes police officers
to arrest individuals without a warrant under certain exigent or statutory conditions. Thus, this
section preserves the inherent powers of the police to act independently of this written procedure
when situations necessitate an immediate response.
Person arrested to be taken before Magistrate or officer in charge of police station. S
57.
Person arrested not to be detained more than twenty-four hours. 58
 Power, on escape, to pursue and
retake. S. 61
• What powers does the BNSS provide for re-arresting
individuals who escape lawful custody?
• Under the BNSS, if a person in lawful custody escapes or is
rescued, the custodian is authorized to immediately pursue
and re-arrest the individual anywhere in India. This recapture
can occur without a new warrant, and the arrest follows the
procedural safeguards outlined in Section 44, even if the
person making the arrest is not a police officer with formal
arrest authority.
PROCESS TO CO
MPLAINCE APPE
ARNCE BNSS -
CONTD
• Summons cases are described in Section 2(w) of the Code
of Criminal Procedure. Any case that doesn’t fall under
warrant cases is considered a summons case. Summons
cases include non-serious, bail-eligible, and compoundable
offences. These cases are exclusively heard by a Magistrate.
• In simple terms, a summons is a court order that commands
someone to appear in court and respond to a complaint
made against them. Summons cases typically involve less
complicated and faster trials because the offences are not
of an urgent nature. According to Section 204(1) (a) of the
CrPC, a Magistrate issues a summons to the accused
person.
 Summons
• A summons is a legal document from a court that tells a person or organization about a
legal case that involves them. It usually includes information about the case, the court’s
authority, and instructions for the recipient on how to respond by a certain date. The
summons is a formal request for the person to appear in court or deal with the legal issue.
• If someone does not follow the summons, they may face legal problems, such as losing
the case by default, getting an arrest warrant, or facing fines. The summons is important
because it makes sure everyone involved is informed and has a chance to participate in
the case. Summonses can be sent to defendants, respondents, or witnesses as needed.
• Section 63 to 71 of BNSS laid down the provision regarding summons.
• In Criminal Procedure Code, 1973 (CrPC) the provision regarding summons was laid
down under Sections 61 to 69.
S.63
• Section 63 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines how
courts should issue summons (official notifications to appear in court).
1.Written Summons: Courts must issue summons in writing. Each summons
should be prepared in two copies and signed by either the judge or another
authorized court officer. The summons must also bear the court's official seal.
2.The new change in Section 63 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS) is the addition of clause (ii), that is Electronic Summons: Courts
now have the option to send summons electronically. This can be done in a
secure way (encrypted) or through other electronic methods. The electronic
summons must still show the court’s seal or include a digital signature to
verify its authenticity.
 Section 64 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines
how summonses are to be served.

1.Responsibility for Service: A police officer is typically in charge of delivering summonses. However,
they can also be served by an officer from the court or another public servant, following state
regulations.
2.Record-Keeping: Police stations and the court’s registrar must keep a register that records important
information about the individuals being summoned, such as their address, email, phone number, and
any other details specified by state regulations.
3.Direct Service: Whenever possible, summonses should be served directly to the person being
summoned by handing them one of the duplicate copies.
4.Electronic Service: Summonses that include the court's seal can also be served via electronic
communication. This must follow the methods and formats determined by state regulations.
5.Acknowledgment of Receipt: If someone receives a summons in person, they must sign the back of
the other duplicate copy as proof that they received it, if requested by the serving officer.
• New Changes:
• A new Sub-section (1) has been added, requiring police stations or court registrars to maintain a
register of the specified details.
• A new proviso to Sub-section (2) has been introduced, allowing summons to be served
electronically, following the rules established by the state government. This update modernizes how
 Section 65 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS)
• Section 65 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses how
summonses are served on corporate bodies, firms, and societies.
1.Service on Companies and Corporations:
1. A summons can be delivered to key individuals within a company or corporation, such as the
Director, Manager, Secretary, or any other officer.
2. Alternatively, it can be sent by registered post to these individuals. Service is considered complete
once the letter arrives during normal postal delivery.
• Service on Firms or Associations:
• For a firm or association of individuals, the summons can be served by delivering it to
any partner of that firm or association.
• It can also be sent by registered post to a partner, with service deemed effective upon
the letter's delivery by post.
Section 65 now includes firms in its title and defines "Company" as a separate legal entity.
A new sub-section allows summons for firms to be served to any partner or via registered
post, with service completed upon delivery.
S.66 &67
• Section 66 - Service When Persons Summoned Cannot Be
Found
• If a person who is supposed to receive a summons cannot be found
after reasonable efforts, the summons can be given to an adult
family member who lives with that person. The family member must
sign a receipt on the back of another copy of the summons if the
serving officer asks for it. Note that a servant does not count as a
family member for this purpose
• The language was changed from "adult male member" to "adult
member" to be more inclusive and gender-neutral.
• Section 67 - Procedure When Service Cannot Be Effected as
Before Provided
• If the summons cannot be delivered according to the methods
outlined in previous sections (64, 65, or 66), despite making
reasonable efforts, the serving officer must attach a copy of the
summons to a visible spot on the individual's home. After this, the
court can decide whether the summons was properly served or if it
needs to be served again using a different method.(Publication in a
Newspaper)
CONTD..

• https://www.shoneekapoor.com/ap
plication-for-publishing-summons-i
n-daily-newspaper/
.
 Section 68 - Service on Government Servant:
1.If a person summoned is an active government employee, the court
should send two copies of the summons to the head of their office.
2.The head of the office is responsible for ensuring that the summons
is served according to the methods outlined in Section 64.
3.After serving the summons, the head of the office must return it to
the court with a signed endorsement as proof of proper service.

• Section 69 - Service of Summons Outside Local Limits:

1.When a court wants to deliver a summons outside its jurisdiction, it
sends two copies of the summons to a Magistrate who has authority
over the area where the individual lives or is currently located.
2.The designated Magistrate will then ensure that the summons is
served in that area.
S.71
• Section 71 - Service of Summons on Witnesses:
1.A court can send a summons to a witness and also
allow a copy of the summons to be delivered
electronically or sent by registered mail to the witness's
home, workplace, or business.
2.The court will consider the summons properly served if:
1.The witness signs an acknowledgment of receipt.
2.A postal employee indicates that the witness refused to
accept the summons.
3.There is proof of delivery through electronic communication
that meets the court’s requirements as outlined in Section 70.
Chapter VI of the Bharatiya
Nagarik Suraksha Sanhita,
2023 explains how courts
can make people appear in
court. This can be done
using summons, arrest
warrants, or public notices.
An arrest warrant is a
document issued by a
judge or magistrate that
allows the police to arrest
someone or search their
property
 Objectives
Main purposes of arrest warrants in criminal cases:
1. Making People Appear: A warrant is issued to ensure that an accused person, witness, or anyone else
needed in court shows up for hearings as required by law.
2. Enforcing Court Orders: Warrants help enforce court orders. If someone ignores a summons or another
order from the court, a warrant can be issued to bring them to court or to require them to produce
evidence.
3. Carrying Out Arrests: Warrants are used to arrest people who need to be brought to court, especially if
they have avoided arrest or are considered a flight risk.
4. Ensuring Fair Trials: Warrants are important for ensuring a fair trial by making sure the accused person is
present during the trial. This allows for the examination of evidence and witnesses and gives the accused a
chance to defend themselves.
5. Preventing Evasion of Justice: Warrants help stop people from trying to avoid legal proceedings or
escape the consequences of their actions. Issuing a warrant ensures that these individuals come to court.
6. Judicial Accountability: The issuance of warrants shows that the judiciary is responsible for enforcing
court orders and maintaining the legal process's integrity.
7. Efficiency in Legal Processes: Warrants make the legal process more efficient by ensuring that
necessary people attend court, preventing delays caused by their absence.
• Overall, warrants are essential for upholding justice, ensuring people involved in legal matters show up in
court, and maintaining the efficiency and integrity of the criminal justice system.
 Arrest Warrant (Section 72 of
BNSS):
• Arrest Warrant (Section 72 of BNSS):
• Bailable Warrant: This type of warrant is issued when the offense is bailable,
meaning the accused can be released on bail after arrest.
• Non-Bailable Warrant: This type of warrant is issued when the offense is non-
bailable, meaning the accused cannot be released on bail immediately after arrest,
and they must be produced before a magistrate.
• Search Warrant (Section 96 of BNSS):
• This warrant is issued by a magistrate when it is necessary for the purposes of
investigation to search any place, including a dwelling house, where any document,
article, or thing which is likely to be evidence of an offense is kept.

In State v. Dawood Ibrahim Kaskar, AIR 1997 SC 2494 case, the Supreme Court
held that, even in the course of investigation and before taking the cognizance of the
case warrant can be issued.
Contd..
• According to Section 72(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023
every warrant of arrest issued by a Court under this Sanhita shall be in
writing, signed by the presiding officer of such Court and shall bear the seal of
the Court.
• According to Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
every such warrant shall remain in force until it is cancelled by the Court
which issued it, or until it is executed.
• Besides above requirements, warrant must contain following information:
• It must bear the name and designation of the executant of such warrant;
• It must indicate the clear name and address of the accused;
• It must state the offence with which the accused is charged;
• It must indicate date of issue; and
• It must indicate the date of appearance.
 Contd..
• Differences between Bailable Warrant and Non-Bailable Warrant:Identify?
• In the case of Raghuvansh Divanchand Bhasin v. State of Maharashtra, AIR
2011 SC 3393, the Supreme Court looked at a situation where a person didn’t show
up in court because of traffic problems in a big city. The trial court had issued a non-
bailable warrant for his arrest because he was absent.
• The Supreme Court ruled that courts should not automatically issue non-bailable
warrants without checking why the person didn’t come to court. Simply issuing such a
warrant without considering the reasons for missing the court date is not a fair use of
the court's power. This decision highlights the need for judges to understand the
circumstances behind a person’s absence before taking serious actions like issuing a
non-bailable warrant.
• Inder Mohan Gowswamy v. State of Uttaranchal, AIR 2008 SC 251
• Arun Kumar v. State of Maharashtra, Writ Petition no. 4429/2013
• https://thelegalquotient.com/criminal-laws/bharatiya-nagarik-suraksha-sanhita/
warrant-of-arrest-ss-72-to-83-bnss/4027/