Law and You >Procedural Laws > BNSS > Concept Applications 15.2: Conditions Requisite for Initiation of Proceedings (2 Marks)
2 Marks Questions on Conditions Requisite for Initiation of Proceedings
Q1. What are the three ways in which a Magistrate may take cognizance under Section 210 BNSS?
A Magistrate may take cognizance upon receiving a complaint, upon a police report including an electronic report, or upon information from any person other than a police officer or on his own knowledge.
Q2. Which Magistrates can take cognizance under Section 210 BNSS?
A Magistrate of the First Class and a specially empowered Magistrate of the Second Class may take cognizance of offences within their competence.
Q3. Who can empower a Magistrate of the Second Class to take cognizance?
Under Section 210(3) BNSS, the Chief Judicial Magistrate (CJM) can specifically empower a second-class Magistrate to take cognizance of offences which the Magistrate is competent to inquire into or try.
Q4. What right does an accused have when cognizance is taken by a Magistrate on his own knowledge?
Under Section 211 BNSS, before any evidence is taken, the accused must be informed of his right to have the case tried or inquired into by another Magistrate. If the accused objects, the case shall be transferred to another Magistrate specified by the Chief Judicial Magistrate.
Q5. Can a Chief Judicial Magistrate transfer a case to another Magistrate after taking cognizance?
Yes, Under Section 212(1) BNSS, the Chief Judicial Magistrate may make over the case for inquiry or trial to any competent Magistrate subordinate to him.
Q6. Can a Magistrate of the First Class make over a case to another Magistrate?
Yes, Under Section 212(2) BNSS, if empowered by the Chief Judicial Magistrate, a Magistrate of the First Class may make over the case to another competent Magistrate specified by the Chief Judicial Magistrate.
Q7. Can a Court of Session ordinarily take cognizance as a court of original jurisdiction?
No, Under Section 213 BNSS, except where expressly provided by the BNSS or another law, a Court of Session cannot take cognizance as a court of original jurisdiction unless the case has been committed to it by a Magistrate.
Q8. Which cases may an Additional Sessions Judge try under Section 214 BNSS?
Under Section 214 BNSS, an Additional Sessions Judge may try cases made over to him by the Sessions Judge by general or special order or cases which the High Court directs him to try by special order.
Q9. What is the purpose of Section 215 BNSS?
Section 215 restricts cognizance of specified offences against public servants, public justice and documents used in evidence unless a complaint is made by the prescribed public servant or Court.
Q10. Who may make a complaint for offences against the lawful authority of public servants under Section 215?
The complaint must be in writing by the public servant concerned, his administrative superior, or another public servant authorised by the concerned public servant.
Q11. Who may complain when certain offences against public justice are committed in a Court proceeding?
Cognizance can generally be taken only on a written complaint by that Court, an officer authorised by it, or a Court to which it is subordinate.
Q12. Who may file a complaint regarding an offence under Section 232 of the Bharatiya Nyaya Sanhita?
Under Section 216 BNSS, a witness or any other person may file a complaint regarding an offence under Section 232 of the BNS.
Q13. What is the requirement for taking cognizance of certain offences against the State under Section 217?
For specified offences against the State, criminal conspiracy and certain forms of abetment, previous sanction of the Central Government or State Government is required.
Q14. When is the sanction of the District Magistrate also relevant under Section 217?
For certain offences covered by Section 217(2), cognizance requires previous sanction of the Central or State Government or the District Magistrate, as applicable.
Q15. Can a preliminary investigation be ordered before granting sanction under Section 217?
Yes, under Section 217(4) BNSS, the Central or State Government, or the District Magistrate where applicable, may order a preliminary investigation by a police officer not below the rank of Inspector.
Q16. What is the general rule for prosecution of Judges and certain public servants for acts done in official duty?
Under Section 218(1) BNSS, a Court cannot take cognizance of such an offence without previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013, subject to the exceptions provided by law.
Q17. What is the time limit for the Government to decide a request for sanction under Section 218?
Under second Proviso attached to Section 218(1) BNSS, the Government must take a decision within 120 days of receiving the request, failing which the sanction is deemed to have been accorded.
Q18. Is previous sanction always required for offences allegedly committed by public servants?
No. third Proviso attached to Section 218(1) BNSS, specifically provides that sanction is not required for certain listed offences under the BNS, including specified sexual offences and offences under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the BNS.
Q19. Is sanction required for prosecution of members of the Armed Forces of the Union?
When the alleged offence was committed while acting or purporting to act in the discharge of official duty, previous sanction of the Central Government is required.
Q20. Who can ordinarily make a complaint for offences against marriage under Section 219?
Cognizance of offences under Sections 81–84 BNS can ordinarily be taken only upon a complaint by the person aggrieved by the offence.
Q21. Can another person make a complaint on behalf of a person who cannot complain personally?
Yes, under Proviso (a) attached to Section 219 BNSS, in specified circumstances such as childhood, unsoundness of mind, intellectual disability, sickness, infirmity or certain circumstances involving women, another person may complain with the Court’s permission.
Q22. Who may complain on behalf of the wife for an offence under Section 82 BNS?
under Proviso (c) attached to Section 219 BNSS, Her father, mother, brother, sister, son, daughter, maternal or paternal uncle or aunt may complain on her behalf, or another person related by blood, marriage or adoption with the Court’s permission.
Q23. How can cognizance be taken for an offence under Section 85 BNS?
Under Section 220 BNSS, cognizance may be taken upon a police report or upon a complaint by the aggrieved woman or specified close relatives; another relative by blood, marriage or adoption may complain with the Court’s leave.
Q24. What is the special condition for cognizance under Section 67 BNS where the parties are married?
Under Section 221 BNSS, the Court can take cognizance only when there is prima facie satisfaction of the facts constituting the offence on a complaint filed or made by the wife against the husband.
Q25. Who can ordinarily file a complaint for defamation under Section 222 BNSS?
Cognizance of an offence under Section 356 BNS can ordinarily be taken only upon a complaint by the person aggrieved by the offence.
Q26. Can another person file a defamation complaint on behalf of the aggrieved person?
Yes, under Proviso attached to Section 222(1) BNSS, where the aggrieved person is a child, is of unsound mind, has specified intellectual disability, is unable due to sickness or infirmity, or is a woman who should not be compelled to appear in public according to local customs, another person may complain with the Court’s leave.
Q27. What is the special procedure for defamation of certain high constitutional or public functionaries?
Under Section 222(2) BNSS, in specified cases, the Court of Session may take cognizance directly, without committal, upon a written complaint by the Public Prosecutor, subject to the required previous sanction.
Q28. What is the limitation for a Public Prosecutor’s complaint under Section 222(2) BNSS?
The complaint must be made within six months from the date on which the alleged offence was committed.
Q29. What does “cognizance” generally mean in criminal procedure?
It refers to the judicial application of mind by a competent Court/Magistrate to the facts of an offence for the purpose of proceeding under criminal law.
Q30. What is the main theme of Chapter XV BNSS?
Chapter XV lays down the conditions and procedural safeguards governing when Courts may take cognizance and initiate proceedings for specified offences. It covers Sections 210 to 222.