BHARITYA NAGARIK SURAKSHA SANHITA (BNSS)

LAW OF CRIMES II

INTRODUCTORY CLASSES

5/2/25
 If there is no cognizable offence FIR will not be registered
 Citizen’s Arrest- Vested in every citizen of the country, to arrest a person who’s
committing a cognizable non- bailable crime.
 Cognizable Offence- Heinous in nature, usually punishable for more than 5 years
 Bailable Offences – a matter of rights, officers have no discretion and cannot
question. Can be grated during investigation and during trial.
 Non- Bailable Offences - Cannot ask for bail and it will be questioned by the officers
and a discretion is attached
 Magistrates are of two kinds of Executive Magistrates (district magistrate) and
Judiciary Magistrate
DEFINITIONS

12/2/25
 Summons – first invitation by court comprising of the venue, date etc., if not
followed a warrant will be issued
o Are of two kinds - Summons and warrants for search and for arrest
 Substantive provisions are in a Procedural law like BNSS, such as rights of an
arrestee and maintenance laws. – important (expand)
 Warrant cases – punishment for more than two years.
 Summons cases – less than two years with lesser requirements
 Summary trial- like a summons case
 Plea bargain – you plead guilty and bargain for a lesser punishment, the quantum of
sentence can be bargained for lesser
 Art 20 clause 2 compared to S. 337 Double jeopardy – (will come as a question)
 Death sentence awarded by district judge must be confirmed by a division bench in a
HC/ SC, it’s not an appeal but a confirmation.
 Constitutionality can only be decided by HC and SC under Art. 226 and 32
 Reference – lower court referring a case to the higher court as they don’t have the
jurisdiction to review a part of the case.
 Review [ only in Cpc not CrPc] – if new evidence arises the same court can review
the case within a 30-day period.
 Bail should be read with Art. 21 and 19 [ read judgements on bail]
 No deadline to file an FIR.
 Bond – a promise, which when defaulted will have consequences
o Means an undertaking for release without surety
 Bail Bond – means an undertaking for release with surety

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  First Schedule- offenses under laws other than BNSS which are punishable with
imprisonment of 3 years, or more are considered to be non bailable, while offenses
punishable with less than 3 years are considered to be bailable. [check the section in
tables – classification of offences against other laws]

CHAPTER – 01
13/2/25
 Object of BNSS
o Mechanism for the enforcement of substantive criminal law
o Speedy justice, transparency and accountability in investigation, victim – centric
criminal justice system, balancing law enforcement efficiency and individual
rights
o Provisions of the code are to be interpreted in light of the recognized principles
of construction that procedural laws are meant for doing justice
o Problematic – simpliciter offences [rape simpliciter] being awarded death
penalty. Death penalty extended to more offences
 Interpretation of the rules of procedure
o Rules of Procedure are not the ends but the means to achieve the ends of justice
o Rules of procedure are designed to facilitate justice and further its ends. Too
technical interpretation should be avoided – Sangram Sigh v. Election Tribunal
o Benefit of doubt goes to the accused
o Special law will prevail over general law.
 Applicability:
o Section 4
o Section 5
 For offences punishable under BNSS, procedure prescribed under
BNSS shall be applicable but if there is any special or local law,
special procedure provided by any other law, such procedure will be
applicable
 Special law will be tried under a special court
 Bailable & Non- Bailable Offences – Differences

Bailable Offences Non- Bailable Offences

Bail can be granted as a matter of right The court has full discretion to grant bail.
However, such discretion must be exercised
on sound judicial principles

Police officer is also empowered to grant Only courts can grant bail
bail
Generally bailable offences are of less Non- Bailable are more serious in nature
serious nature
Anticipatory bail cannot be granted Anticipatory bail can be granted

 Charge

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 o Is a precise formulation of the specific accusation made against a person
o It’s an accusation made against a person in respect of offence alleged to have
been committed
o It is framed when a prima facie case is disclosed about commission of certain
offence
 Investigation > Inquiry > Trail
^ ^ ^
Police officer – Magistrate – Session Court
o Trail is not defined, it is a proceeding to determine the guilt or innocence of
the accused
 Important definitions
o S.2, S. 175 [1], S. 174 [2], - cognizable & non – cognizable
o S. 35 [1], S. 35 [2] – Arrest
o Difference between cognizable & non – cognizable important
 Charge sheet is not filed in the session court and doesn’t take cognizance directly
 Two kinds of police report – Charge Sheet and Closure Report
 Complaint and Deemed Complaint
o Given to magistrate not police officer
o Means an allegation made orally or in writing to a magistrate
o However, if a Police Officer treats the case as non -cognizable initially, and
takes permission from the magistrate under S. 174 and the investigate the case,
in such scenario, the police report filed will not be considered as deemed
complaint – Keshav Lal Thakur v. State of Bihar, 1996
 Difference between charge sheet and FIR – also read all the different documents
and what stages they are used at

Charge Sheet FIR

Given to magistrate To Police officer
No police report prepared unless asked Police report prepared after
by magistrate
Offence doesn’t have to be cognizable in Offence must be cognizable
nature

 Similarities -
o Can be informed by anyone
o Can be written or oral
o Suspect can be known or unknown
 Illegal arrest always includes Article 21
 Differences –

Investigation Inquiry
Conducted by a PO or any person Conducted by magistrate or court
authorized by a magistrate
Not a judicial proceeding A judicial proceeding

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 Purpose is to collect evidence Is to determine the truth or falsity of
certain facts with a view of taking
further cation
First stage of a criminal proceeding May not be preceded by an investigation
in some cases such as complainant cases

Investigation Trial
Conducted by a PO or any person Conducted by magistrate or court
authorized by a magistrate
Purpose to collect evidence Is to determine guilt or innocence of
accused
Not a judicial proceeding Judicial proceeding

Inquiry Trail
All the proceedings before magistrate or Trail begins when the charge is framed and
court prior to framing of charge in summons trail, when the accused appears
and is told the substance of accusation
It does not result in conviction or acquittal Results in acquittal or conviction
but may result in dismissal of complainant
or discharge of acused
Is to determine the truth or falsity of certain Determine guilt or innocence
facts with a view of taking further cation

 Chapter II not imp just read

19/2/25

CH – 03 [ Power of Courts]
 S.21- (a) offences prescribed under the bnss
o (b) offences not prescribed under bnss
 Peculiarly jurisdiction governed by high court rules in case of a special law
 S.24 + provisions in BNS – default of payment of fine
o Amount of fine is at the discretion of the judge
 S.25 -Two offences do they run concurrently or consecutively –
o Will be mentioned by the judicial magistrate, according to the gravity of the
offences
o (b) essentials -
 both the offences should be triable by the magistrate
 aggregate punishment shall not exceed twice of the term of punishment

INFORMATION TO POLICE – FIR

20/2/25
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  S.173 – information in cognizable cases aka FIR
o Essentials –
 Should be a Cognizable offence
 Information is given irrespective of the area where the offence is
committed – Zero FIR [ is not numbered]
 Given by the informant to the officer- in- charge of a police station
 May be given either orally, in writing or through electric
communication
 If given orally, it should be reduced in writing by the officer in charge
or under his direction
 Electric communication should be taken on record and signed by the
person giving it within three days
 Should be read over to the informant
 If given in writing or reduced to writing must be signed by the person
giving it
 Substance of the information shall be entered into a book in such form
as the state govt shall prescribed
 Copy of the information should be given to the informant or victim
free of cost.
 NCR: Non-Cognizable report
 S. 17 (3) Preliminary enquiry [ not the enquiry conducted by the magistrate] only in
BNSS.
o To figure out if there is a cognizable offence or not
o Not to find the suspect
o 3-7 years is the only essential
o all the offences are listed in a case law – Lalita kumari v. Govt of UP
 Now the scope of offences is broadened to 3-7 yr offences
o Object: to see if there is a prima facie case for proceeding in the matter within
a period of 14 days
o Proceed with investigation when there exists a prima facie case
 No discretionary power to the police officer, it’s the mandatory duty for the police to
register a FIR – ‘shall’ and not ‘may’ used in section
 Remedies S.173 (4) & 175 (4)
o Approach the subrident of police
o Approach the judicial magistrate
o Approach HC/SC under a writ
 Object –
o Sets the criminal law in motion
o To obtain information about the alleged criminal activity so as to be able to
take suitable steps for tracing and bringing to book the guilty
 Information can be given oral, written or electronic communication to a police
officer
 Telephonic message can constitute FIR

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 o Soma Bhai v. State of Gujrat, 1973
o Patai alais Krishna Kumar v. State of Uttar Pradesh, 2010
o Ramsigh Bavaji Jadeja v. State of Gujrat, 1994
 If information is cryptic FIR won’t be filed
 Landmark cases for Mandatory Registration of FIR
o State of Haryana v. Bhajan Lal
o Lalita Kumari v. Govt of UP

class (missed)
 S.174 (4) – when one offence is cognizable out of two or more cases, the case will be
cognizable
 Changes in preliminary enquiry in BNSS – important use case laws
 Evidentiary value of FIR –
o It’s not a substantive piece of evidence
 Limitation period for filing an FIR
o Heinous offences have no limitation (3 years +)
o Six months if offence punishable with fine
o 1 year if the offence is punishable with imprisonment of term 1 year
 Information in non – cognizable offences
o Chik FIR
 Providing brief information in the general diary
o Complaint case + investigation (FIR won’t be written but investigation by
police can happen) => report will be written but not an FIR
o If the magistrate asks the police officer to investigate that doesn’t mean the
approval for arrest that requires a different approval

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 INVESTIGATION
5/3/25
 Object: To collect evidence (all kinds of evidence – documentary, electronic,
witnesses)
 Investigation generally consists of – HN Rishbud v. State of Delhi 1955
o Proceeding to the spot
o Ascertainment of facts
o Formation of opinion
o Discovery and arrest of the offender
o Collect evidence and examine witnesses
 Show: BODIES
 Commencement of Investigation
o FIR not an indispensable requisite for investigation
o No unfettered discretion to commence investigation. It can only be
commenced if a cognizable offence has been committed
o Upon registration of FIR
o Upon information received otherwise of a commission of a cognizable offence
S. 176 (1)

Procedure for investigation

 Polices power to investigate cognizable case
o Occurrence report – given by PO to JM informing about the cognizable case,
before proceeding to the crime scene
o 175 (1) – provides for the wide powers of the police to investigate
 magistrate cannot interrupt only can monitor
 PO in its own discretion
 Quashing an FIR at HC
 Powers of the Magistrate S.175 (3) r/w 173 (4)
o Process
 Informant Application + Affidavit to the JM –
 After exhausting the mean via a police officer
 JM Order investigation to the PO
o JM is not supposed to issue direction without proper supplication of mind
[Priyanka Srivastava v. State of UP] – landmark judgement
o Application under S. 175 (3) must be supported by an affidavit
o There must be a prior application 173 (1) and (3)
o JM is not bound to pass an order on each and every application under 175 (3)
o JM has the authority to treat application under 175 (3) as a complaint
o Complaint case
o FIR + Investigation
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 o JM has an option not to take cognizance on a police report and direct further
investigation
o If FIR has been registered and the ongoing/ completed is not done properly,
the aggrieved person can approach the JM who can order proper investigation
– Re-investigating power
 Can only order further investigation not re- investigation (can only be
order by HC or SC)
o JM also has the implied and incidental powers to make any express powers
effective [ Sakiri Vasu v. State of UP, 2008]
o JM is not bound to take cognizance on receiving a complaint and may without
taking cognizance direct investigation under S. 175 (3)
o JM options if PO doesn’t take cognizance
 Order investigation + complaint case
 Complaint case without investigation

12/3/25
 S. 176 provides for circumstances where PO does not have to investigate
o Case not of a serious nature
o Officer-in-charge believes there is no sufficient grounds for entering
investigation of the case.
 Second FIR
o General Rule: Second FIR is not permissible, unless for a few circumstances
o FIR is not an encyclopedia, not an exhaustive document but just a complaint
o Circumstances in which second FIR is permissible [ Given is Case Law]
 When the 2nd FIR is counter-complaint or presents a rival version of a
set of facts, in reference to which an earlier FIR already stands
registered
 The ambit of the two FIRs are different even if it arises from the same
circumstances
 When investigating and/or other avenues reveal the earlier FIR or set
of facts to be part of a larger conspiracy
 Counter-FIR
 Unknown facts or circumstances come to light
 Incident is separate, offences may be similar or different

EXAMINATION OF PERSONS
 Process-
o PO invites the concerned persons to the PS
o IO will conduct an oral examination
o If questions aren’t answered or not answered truthfully it is a criminal offence
 Can remain silent for incriminating questions

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 o Requisition can be done for people not living in the jurisdiction
o If a person intentionally doesn’t come S. 208 BNS shall apply
 Object: to obtain evidence which may later be produced at trial
 Two kinds of examinations are done by PO and JM the scope is very different
 Consequences-
o S.214 BNS – refuses to answer
o S.212 BNS – answer is false
 S.180 Incriminating questions –
o Accused may remain silent or refuse to answer
o A.20(3) no person accused of any offense shall be compelled to be witness
against himself
o Nandini Satpathy v. Pl Dani, 1978 – says that S.180(3) and A.20 (3) is
substantially the same
 Types of examination -
o Examination in chief
 Prosecution examines their own witness
o Cross examination
 Defense will examine PW
o Re- examination
 Prosecution will re-examine their own witness
 Use of S.180 Statement – S.181
o No statement will be signed during the investigation, when reduced to writing
o Cannot use this statement for any other pending proceeding
o Read S. 148 BSA – evidence law
o Any statement given before investigation will be signed – FIR [ bar of the
section]
 Evidentiary value – 180 check iPad
o Testimony of eye- witness holds the highest evidentiary value
o Cannot convict on basis of police confession, as it has no value
o Section prohibits the use of the statements made to the police for the purpose of
corroboration
o Prosecution needs courts permission to contradict the witness
o Statements cannot be relied on by the prosecutor as they may be self- serving in
nature
o Cannot convict on basis of this as it’s a substantive piece of evidence
o Advertorial or inquisitor system – read

RECORDING OF CONFESSIONS AND STATEMENTS

S.183
 Focused on the confessions given to the magistrate.
 Is not subject to the bar contained in S.181
o Must be signed by JM and the confessor and is on oath

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 o Is a substantive piece of evidence, can convict based on this evidence
 Two kinds of confessions –
o Judicial – confession before JM
o Extra judicial confession
 Confession is also admission to criminal liability
 Recorded by JM, in the district where FIR is registered
 Manner-
o Elaborate to ensure that free and voluntary confessions are recorded
o Confessions must be recorded with great care and circumspection
o S. 183 is a safety valve
 Essentials –
o JM is required to explain the person making the confession that
 He is not bound to make such confession
 If he does so, it may be used against him
o Magistrate must be satisfied and should believe that the confession is being made
voluntarily – S. 183 (2)
 Steps to ensure that confessions are made voluntarily –
o After giving warnings to the confessor, the JM must give him adequate time to
think and reflect – Sarwan Singh Rattan Singh v. State of Punjab
o Check iPad
o Should be completely free from influence of police
 Confession recorded in this procedure shall be of high evidentiary value and admissible in
evidence
 Confession – admitting the commission of your crime
o Only criminal cases
o Signed
o Substantive pieces of evidence – can be used for everything
 S.181 – is not substantive can only be used to contradict
o All confessions are statements, but not all statements are confessions
 JM should be approached from the jurisdiction only.
 Magistrate who has the jurisdiction can hear the confession – only in BNSS; CrPc said
any JM could hear the confession
 Can also be recorded by audio- video means
 PO on whom the power of a magistrate is conferred upon by any law, will not be
considered a competent confession.
 Statements recorded u/ 183 can be used at any stage of the trial for contradiction,
corroboration and cross examination
 Removes the bar contained in S. 23 BSA
 Before recording any confession, the Magistrate is required to explain the person
making confession that
o He is not bound to make such confession
o If he does so, may be used as evidence against him

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 Magistrate should be satisfied and should believe that the confession is given voluntarily
S. 183 (2)
 This statement can lead to conviction.
 Sarwan Singh Rattan Singh v. State of Punjab
 It is imperative for the magistrate to explain … - A. 22
 183 (4) – confessions must be recorded in the manner provided under S. 316.
o So, the whole of the confession and answers given by him shall be recorded in full
in the language of the court or in the language in which accused gave confession.
 The record shall be made without administering oath to the accused and it must be read
over to him in the language which he understands
 Shall be signed by accused
 Magistrate shall also prepare a memorandum of the substance of confession and sign the
same
 183 (1- 4): Confessions
 183 (5): General Statements
o Can be administered under Oath – criminal consequences if it is a lie
o Nonavinakere police v. Shivanna @ Tarkari Shivanna - issued guidelines to PS
in the country in the case of rape victims
 IO shall make immediate steps to take the victim to any Metropolitan or
JM for recording of statement u/ S. 183
 A copy of the statement under S. 183 should be handed over to the IO
immediately with a specific direction that the contents of such statement
should not be disclosed to any person till chargesheet or report under S.
193 is filed.
 Admissibility and evidentiary value of S. 183 statements
o Admissible evidence
o Substantive evidence though the magistrate is not called as witness to prove it
[ presumption u/ 79 of BSA]
o Non – confessional statements are not substantive evidence, the maker of
such statements is called as a witness in trial, then her earlier statements can
be used for corroborating and contradicting her testimony in court u/ 160 or
148 of BSA
 Non – Compliance
o State of UP v. Singhara Singh – imp
 Held that oral evidence of the confession made under S. 183 is
inadmissible in evidence and the content of the confession can be provided
only if it is duly made in the prescribed manner u/ 183
o S. 509 provides that the statements and confessions will not be affected except in
following cases
 If such non- compliance has injured the accused in his defence on the
merits
 She had not duly made the statements

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 o 509 permits oral evidence to be given to prove that the procedure laid down in S.
183 was not followed
o S 183 requires strict compliance. Failure to observe safeguards not only impairs
the evidentiary value but casts a doubt on the nature and voluntariness of
confession
20/3/25
S. 184 – MEDICAL EXAMINATION OF RAPE VICTIMS

PROCEDURE WHILE INVESTIAGTION CANNOT BE COMPLETED IN 24 HRS S.

187 – important

 You can arrest without a warrant in a cognizable case

 PO asks for remand to the JM within 24 hrs. of arresting
 No permission needed for 24 hours of arrest
 IO needs to convince the Magistrate that they need more time with the arrestee
 Multiple remand allowed -
o Police remand
o Judicial remand
 90-day period to submit charge sheet – right to get default bail will be approved on
91st day
 A PO arresting without warrant cannot detain a person beyond 24 hours after his
arrest as provided u/ S. 58
 Object: to enable the magistrate to see that custody is necessary and enable the
accused to make a representation which he may wish to make
 S. 187 is supplementary to S. 58
 Essentials of 187
o Person is arrested and detained in custody
o It must appear that the investigation cannot be completed within a period of
24 hours of his arrest
o There are grounds for believing that the accusation or information against
him is well- founded
o The officer-in-charge of police station or the IO not below the rank of a Sub-
inspector must forward the accused before the nearest magistrate along
with case diary
o The JM to whom the accused is forwarded whether he has or not jurisdiction
to try the case, may authorize detention of the accused either in police-
custody or in judicial-custody subject to following conditions:
 Whether such person has not been released on bail, or his bail has been
cancelled
 Can ask for bail before the 60-day or 90-day period as well
 You can ask for bail even before default bail is approved
 So, the JM will check if there is any other bail

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  For a term not exceeding 25 days in the whole, or in parts at any time
during the initial:
 40 days out of detention period of 60 days in case of
investigation of offence punishable with imprisonment for less
than years
 60 days out of detention period of 90 days in case of
investigation of offence punishable with death or imprisonment
for life or a term of ten years or more
 If further detention is unnecessary, such magistrate may order the
accused to be forwarded to the magistrate having jurisdiction to try the
case
 Remands -
o Police Remand
 Grant of order of police remand should be an exception and not a rule
 Investigating agency is required to make a strong case and must satisfy
the magistrate that without the police custody it would be impossible
for the police to undertake investigation
o When JM is not available
 187 (6) when JM not available nearest Executive Magistrate
 Can do for 7 days in aggregate
o Difference between default bail and anticipatory bail – read
 Maximum period of detention u/ 187 and default bail
o 187 (3) states that if the detention for a period exceeding 15 days is considered
necessary by the magistrate and adequate grounds exists for that, he may
authorize only a judicial custody (custody beyond 15 days can only be a
judicial custody)
 For a total period not exceeding 90 days [ where the offence is
punishable with death, life imprisonment or imprisonment for a term of
hot less than 10 years]; or
 For a total period not exceeding 60 days [ where the offence is any
other offence]
o Where investigation is not completed within 60 days or 90 days and no police
report is filled on 60th or 90th day then the accused gets indefensible right to
default bail. The accused must apply for default bail, and he should be
prepared to furnish bail
o Indefensible right to bail cannot be defeated by filing of chargesheet
subsequently. It can also not be defeated on wrong disposal of the application
o M. Ravindran v. The Intelligence Officer –
 The right continues to remain enforceable if the accused has applied
for such bail notwithstanding Subsequent filing of the chargesheet /
report seeking extension of time by the prosecution. However, where
the accused fails to apply for default bail when the right accrues to him
and subsequently a chargesheet, or report seeking extension of time is

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 preferred before the magistrate, the right to default bail would be
extinguished
 Cancellation of default bail
o 187 (3) – grants default bail + Ch. XXXV
o The bail under section 187 (3) shall be deemed to be granted under
CH XXXV. The provision of CH XXXV shall apply to a person who has been
released under S. 187 (3)
o The accused who was released on default bail cannot be re0arrested on filing
of charge sheet
o Its open to the prosecution to file an application for cancellation of bail on
grounds known to law
o Receipt of charge sheet by itself is no ground for cancellation of bail
o If illegal default bail is given it can be cancelled under s. 483 (3).
 Computation of period of 90 days or 60 days
o Enforcement Directorate v. Kapil Wadhawan,
o \SC
 Duty of the Magistrate S. 187 (4&5)
 Stoppage of investigation 187 (9)
 Other provisions for remand
o S.187, judicial custody u/ 346 and 232
o 346 [2]
 Other provisions
o Release of accused when evidence deficient S. 189
o Cases to be sent to magistrate when evidence is sufficient S. 190
o Case diary or Police diary S. 192
o Report of police officer on completion of investigation S. 193
 Options available to the magistrate see a table for it or flow chart

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