Category: Bharatiya Nagarik Suraksha Sanhita
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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)…
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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…