Category: Bharatiya Nagarik Suraksha Sanhita
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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)…
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Trial before a Court of Session (Ss. 248 to 260 BNSS)
Law and You >Procedural Laws > BNSS > Trial before a Court of Session (Ss. 248 to 260 BNSS) In all cases committed for trial by a Court of Session, the State should be entered as prosecutor, and the complainant as a witness. The charge should be framed with care, and in strict accordance with…
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Committal of Cases to the Court of Session (Ss. 210, 213, 230, 231, and 232 BNSS)
Law and You >Procedural Laws > BNSS > Committal of Cases to the Court of Session (Ss. 210, 213, 230, 231, and 232 BNSS) In the Indian criminal justice system, the classification of offences into those triable by Magistrates and those triable by the Court of Session ensures that cases are tried by courts of…
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Other Provisions
S. 204 BNSS: Place of Trial for Offences Triable Together: Where— (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or (b) the offence or offences committed…
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Place of Trial in case of Specific Offences (S. 201 to 203 BNSS)
S. 201 BNSS: Place of Trial in case of Certain Offences: (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is…
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Deciding Jurisdiction for Inquiry and Trial (S. 197 to 200 BNSS)
Law and You >Procedural Laws > BNSS > Deciding Jurisdiction for Inquiry and Trial (S. 197 to 200 BNSS) One of the foundational pillars of any criminal justice system is the jurisdiction of criminal courts—which determines the Jurisdiction for Inquiry and Trial based on factors such as the nature of the crime, the territorial location…
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Attendance of Persons Confined or Detained in Prisons (Ss. 301 to 306)
Law and You >Procedural Laws > BNSS > Attendance of Persons Confined or Detained in Prisons (Ss. 301 to 306) The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has laid down specific provisions to ensure the attendance of persons who are confined or detained in prisons during the course of judicial proceedings. This provision is crucial…
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Concept Application 23.1 MCQs on Plea Bargaining
Law and You >Procedural Laws > BNSS > Concept Application 23.1 MCQs on Plea Bargaining (Sentence Bargaining) Synopsis of Plea Bargaining (Sentence Bargaining): Plea bargaining refers to a person charged with a criminal offence (accused) negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less…
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Plea Bargaining (Ss. 289 to 300 BNSS)
Law and You >Procedural Laws > BNSS > Plea Bargaining (Ss. 289 to 300 BNSS) Delay and heavy workloads in the Courts have resulted in the informal system of pre-trial bargaining and settlement in some western countries, particularly in the United States. This system is commonly known as ‘plea bargaining’. In the most traditional and…