BHARATIYA NAGARIK SURAKSHA SANHITA (PART 1)

Bharatiya Nagarik Suraksha Sanhita, 2023

(Act No. 46 of 2023)

Remarkable Changes under BNSS (Chapter wise)

Rationale of Criminal Justice System

1. Background of criminal law
2. Chronology of criminal justice system
3. Drawbacks of criminal justice system
4. Composition of BNSS
5. Time line for BNSS
6. Statement of Objects and Reasons of BNSS
7. Overview of BNSSvis-à-vis Code 1973
8. Object of Criminal Trial
9. Stakeholders and Functionaries in the Criminal Justice Administration
10. Concept of Fair and Speedy Trial
11. Effect of Delay in Criminal Trial
12. Justice Delayed is Justice Denied
13. Concept of Adversarial System
14. Human Rights during Criminal Investigations

Chapter I

Preliminary

1. Short title, extent and commencement
2. Definitions

(1)(a)    “audio-video electronic means”

(1)(b)    “bail”

(1)(d)    “bail bond”

(1)(e)    “bond”

(1)(c)    “bailable offence”

(1)(f)     “charge”

(1)(g)    “cognizable offence”

(1)(o)    “non-cognizable offence”

(1)(h)    “complaint”

(1)(j)     “High Court”

(1)(k)    “inquiry”

(1)(l)     “investigation”

(1)(m)   “judicial proceeding”

(1)(n)    “local jurisdiction”

(1)(p)    “notification”

(1)(q)    “offence”

(1)(r)     “officer in charge of a police station”

(1)(s)     “place”

(1)(t)     “police report”

(1)(u)    “police station”

(1)(v)    “Public Prosecutor”

(1)(w)   “sub-division”

(1)(x)    “summons-case”

(1)(z)     “warrant-case”

(1)(y)    “victim”

3. Construction of references
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
5. Saving

Chapter II

Constitution of Criminal Courts and Offices

6. Classes of Criminal Courts
7. Territorial divisions
8. Court of Session
9. Courts of Judicial Magistrates
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
11. Special Judicial Magistrates
12. Local Jurisdiction of Judicial Magistrates
13. Subordination of Judicial Magistrates
14. Executive Magistrates
15. Special Executive Magistrates
16. Local Jurisdiction of Executive Magistrates
17. Subordination of Executive Magistrates
18. Public Prosecutors
19. Assistant Public Prosecutors
20. Directorate of Prosecution

Chapter III

Power of Courts

21. Courts by Which offences are triable
22. Sentences which High Courts and Sessions Judges may pass
23. Sentences which Magistrates may pass
24. Sentence of Imprisonment in default of fine
25. Sentence in cases of conviction of several offences at one trial
26. Mode of conferring powers
27. Powers of officers appointed
28. Withdrawal of powers
29. Powers of Judges and Magistrates exercisable by their successors-in office

Chapter IV

Powers of Superior Officers of Police and Aid to
the Magistrates and the Police

30. Powers of superior officers of police
31. Public when to assist Magistrates and police
32. Aid to person, other than police officer, executing warrant
33. Public to give information of certain offences
34. Duty of officers employed in connection with affairs of a village to make certain report

Chapter V

Arrest of Persons

35. When police may arrest without warrant
36. Procedure of arrest and duties of officer making arrest
37. Designated Police Officer
38. Right of arrested person to meet an advocate of his choice during interrogation
39. Arrest on refusal to give name and residence
40. Arrest by private person and procedure on such arrest
41. Arrest by Magistrate
42. Protection of members of Armed Forces from arrest
43. Arrest how made
44. Search of place entered by person sought to be arrested
45. Pursuit of offenders into other jurisdictions
46. No unnecessary restraint
47. Person arrested to be informed of grounds of arrest and of right to bail
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend
49. Search of arrested person
50. Power to seize offensive weapons
51. Examination of accused by medical practitioner at request of police officer
52. Examination of person accused of rape by medical practitioner
53. Examination of arrested person by medical officer
54. Identification of person arrested
55. Procedure when police officer deputes subordinate to arrest without warrant
56. Health and safety of arrested person
57. Person arrested to be taken before Magistrate or officer in charge of police station
58. Person arrested not to be detained more than twenty-four hours
59. Police to report apprehensions
60. Discharge of person apprehended
61. Power, on escape, to pursue and retake
62. Arrest to be made strictly according to Sanhita

Chapter VI

Processes to Compel Appearance