Category: Bharatiya Nagarik Suraksha Sanhita
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Framing of Multiple or Alternative Charges (S. 244 BNSS)
Law and You >Procedural Laws > BNSS > Framing of Multiple or Alternative Charges (S. 244 BNSS) The framing of an appropriate charge is a fundamental aspect of a fair criminal trial, as it informs the accused of the precise nature of the allegations and enables an effective defence. However, at the stage of framing…
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Trial for More than One Offence in the Same Transaction (S. 243 BNSS)
Law and You >Procedural Laws > BNSS > Trial for More than One Offence in the Same Transaction (S. 243 BNSS) The law governing the joinder of charges plays a vital role in ensuring that criminal trials are conducted in a manner that is both fair to the accused and conducive to the effective administration…
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Joinder of Charges for Offences of the Same Kind (S. 242 BNSS)
Law and You >Procedural Laws > BNSS > Joinder of Charges for Offences of the Same Kind (S. 242 BNSS) The law relating to the joinder of charges seeks to balance two important objectives of criminal procedure: safeguarding the accused’s right to a fair trial and ensuring the efficient administration of justice. While the general…
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Separate Charges for Distinct Offences (S. 241 BNSS)
Law and You >Procedural Laws > BNSS > Separate Charges for Distinct Offences (S. 241 BNSS) The framing of a charge is a fundamental stage in every criminal trial, as it informs the accused of the precise allegations that must be answered and defines the scope of the prosecution’s case. As a general rule, criminal…
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Alteration of Charge (Ss. 239 and 240 BNSS)
Law and You >Procedural Laws > BNSS > Alteration of Charge (Ss. 239 and 240 BNSS) A ‘charge’ simply means an accusation. For the purposes of trial procedures, under the Sanhita, it signifies a formal accusation in writing against a person that he committed an offence. The Sanhita however does not define charge, but according…
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Form of Charge (S. 234 to 238 BNSS)
Law and You >Procedural Laws > BNSS > Form of Charge (S. 234 to 238 BNSS) A charge is a written notice of the precise and specific accusation against the accused person which he is required to meet. It is the first notice to the person of the matter whereof he is accused and it…
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Criminal Charge (S. 2(1)(f) BNSS)
Law and You >Procedural Laws > BNSS > Criminal Charge (S. 2(1)(f) and Ss. 234 to 247 BNSS) The basic requirement of a fair trial in criminal jurisprudence is to give precise information to the accused as to the accusation against him. This is of significant value as it helps the accused in the preparation…
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Bailable Offences and Non-Bailable Offences
Law and You >Procedural Laws > BNSS > Bailable Offences and Non-Bailable Offences List of Sub-Topics: The classification of offences into bailable and non-bailable offences is a fundamental aspect of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It determines the circumstances under which an accused person may be released on bail and reflects the balance…
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Trial of Warrant Cases by Magistrate Instituted On a Police Report (Ss. 261 to 266, 271 BNSS)
Law and You >Procedural Laws > BNSS > Trial of Warrant Cases by Magistrate Instituted On a Police Report (Ss. 261 to 266, 271 BNSS) According Section 2(z) of the BNSS, a “warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.…
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Trial of Summons Cases by Magistrates (Ss. 274 to 282 BNSS)
Law and You >Procedural Laws > BNSS > Trial of Summons Cases by Magistrates (Ss. 274 to 282 BNSS) The term “summons cases” has been defined, in a negative sense, under Section 2(x) of the BNSS as “a case relating to an offence, not being a warrant case”. On the other hand, under Section 2(z)…