1.

Hierarchy and powers of criminal courts

Introduction
The criminal courts in India operate within a well-defined hierarchy established under the
Bhartiya nagri suraksha sanhita 2023. This structure ensures effective administration of
justice by assigning specific powers and jurisdiction to each level of court. The courts are
broadly classified into superior and subordinate courts.

Hierarchy and Powers of Criminal Courts

1. Supreme Court of India
 Position: Apex court in the Indian judiciary.
 Powers:
o Handles appeals in criminal cases from the High Courts under Article 134.
o Exercises extraordinary jurisdiction under Article 136 for granting special leave
petitions.
o Hears cases of constitutional importance or those involving public interest.
2. High Courts
 Position: The highest court at the state level.
 Powers:
o Supervisory jurisdiction over subordinate courts under Article 227.
o Appellate jurisdiction under Sections 415 and 418 of BNSS for appeals against
convictions and sentences.
o Revisional powers under Section 438 of BNSS to examine the legality of
decisions by subordinate courts.
3. Session Courts
 Position: Principal courts of original jurisdiction in criminal matters.
 Powers:
o Established by the state government under Section 9 of BNSS.
o Handles cases involving severe offenses like murder, rape, and dacoity.
o Can award any sentence, including the death penalty (requires confirmation by the
High Court).
4. Chief Judicial Magistrate (CJM)
 Position: Senior-most magistrate at the district level.
 Powers:
o Authorized to impose imprisonment up to 7 years or a fine as per law.
o Supervises other magistrates in the district.
5. Judicial Magistrate First Class (JMFC)
 Powers:
o Can impose imprisonment up to 3 years or a fine up to ₹10,000.
o Handles less severe offenses, such as theft or assault.
6. Judicial Magistrate Second Class
 Powers:
o Can impose imprisonment up to 1 year or a fine up to ₹5,000.
7. Executive Magistrates
  Role:
o Perform administrative functions under Sections 126–129 of BNSS, such as
maintaining public order.
o Handle preventive actions like issuing restraining orders or dispersing unlawful
assemblies.
8. Special Criminal Courts
 Established under various statutes like the NDPS Act, POCSO Act, and SC/ST
(Prevention of Atrocities) Act to handle specific types of offenses.

Conclusion
The hierarchical structure ensures that serious matters are addressed at appropriate levels, while
less severe cases are handled efficiently. The division of powers prevents overburdening and
ensures fairness in the criminal justice process.

2. General principles of jurisdiction to criminal courts

General Principles of Jurisdiction of Criminal Courts (with Examples)
Jurisdiction refers to the legal authority of a court to hear and decide a case. In criminal law,
jurisdiction is determined by factors such as the nature of the offense, the place of occurrence,
and the type of court. The Bhartiya nagri suraksha sanhita 2023 provides a framework for
determining jurisdiction in criminal matters.

Key Principles of Jurisdiction in Criminal Courts

1. Territorial Jurisdiction
 Definition: Courts can try cases only within their defined geographical area.
 Relevant Section: Sections 197–199 of BNSS.
 Details:
o Section 197: Offenses are tried where the act is committed.
 Example: If a theft occurs in Delhi, the Delhi court has jurisdiction.
o Section 178: When an offense is committed in multiple places, any court with
jurisdiction over any of those places can try the case.
 Example: A criminal conspiracy hatched in Mumbai and executed in Pune
can be tried in either city.
o Section 199: If the offense and its consequence occur in different places,
jurisdiction lies with courts at both places.
 Example: Defamation written in City A but read in City B can be tried in
either city.

2. Jurisdiction Based on Offense Severity

  Relevant Sections: Sections 22–24 of BNSS.
 Details:
o Session Courts: Handle serious offenses like murder (punishable with death or
life imprisonment).
o Judicial Magistrates: Handle less severe offenses.
 Example: Theft cases punishable by up to 3 years are tried by a Judicial
Magistrate First Class.

3. Original and Appellate Jurisdiction

 Original Jurisdiction: Courts that hear cases for the first time.
o Example: A Sessions Court hearing a murder case under Section 232 of BNSS.
 Appellate Jurisdiction: Courts that hear appeals from lower courts.
o Example: High Court hearing appeals under Section 455 of BNSS.

4. Subject Matter Jurisdiction

 Refers to the court's power to hear specific types of cases, often determined by special
laws.
 Example:
o Special Courts under POCSO Act handle offenses against children.
o NDPS Courts deal with drug-related cases under the NDPS Act.

5. Jurisdiction Over Foreign Offenses

 Relevant Section: Section 208 of BNSS.
 Details: Courts in India can try Indian citizens for offenses committed outside the
country with prior approval from the Central Government.
o Example: An Indian commits a crime in Singapore; Indian courts can assume
jurisdiction if approval is granted.

6. Cognizable vs. Non-Cognizable Offenses

 Relevant Sections: Sections 2(1)(g) and 2(l)(o) of BNSS.
 Details:
o Cognizable Offenses: Police can register an FIR and investigate (e.g., murder).
o Non-Cognizable Offenses: Require magistrate's approval (e.g., defamation).

Example Flowchart: Jurisdiction Determination Process

1. Offense Committed
↓
2. Determine Offense Nature
o Cognizable or Non-Cognizable
↓
3. Locate Place of Offense
o As per Sections 218–222 of BNSS
↓
 4. Check Offense Severity
o Magistrate or Sessions Court
↓
5. Special Provisions (if applicable)
o NDPS, POCSO, etc.

Conclusion
Understanding jurisdiction ensures the proper and efficient administration of criminal justice.
Each principle ensures that cases are handled by the appropriate court based on clear legal
guidelines, preventing conflicts or overlapping authorities.

3. Evidentiary value of FIR in detail

Evidentiary Value of FIR (First Information Report)
The First Information Report (FIR), as defined under Section 173 of bhartiya nagri
suraksha sanhita(BNSS), is the initial step in the process of criminal investigation. It is a
document prepared by the police when they receive information about the commission of a
cognizable offense. While the FIR plays a crucial role in initiating the investigation, its
evidentiary value depends on the context in which it is used.

Key Points on Evidentiary Value

1. Not Substantive Evidence
 An FIR is not treated as substantive evidence in court.
 It can only be used to corroborate or contradict the testimony of the person lodging it, as
per Section 160 and Section 148 of the bhartiya saksha adhiniyam
2. Purpose of FIR
 The primary purpose is to set the criminal law into motion and inform the magistrate and
police about the commission of an offense.
3. Admissibility as Evidence
 General Rule: FIR is not admissible as evidence.
 Exceptions:
o Dying Declaration: If the FIR is lodged by the victim, who later dies, it can be
treated as a dying declaration under Section 26 of bhartiya saksh adhiniyam
o Confession in FIR: If an accused lodges the FIR, any confessional statement
made therein is inadmissible under Section 23(1) of bhartiya saksh adhiniyam,
unless it leads to recovery under Section 23(2) of bhartiya saksh adhiniyam
4. Use of FIR in Corroboration
 The FIR can be used to support the testimony of the informant if their statement is
consistent with the FIR's content.
 Example: If the complainant testifies in court and their account matches the FIR, the
latter strengthens their credibility.
5. Contradiction and Cross-Examination
  An FIR can be used to contradict the informant's testimony under Section 148 of
bhartiya saksh adhiniyam
o Example: If the complainant's court testimony differs significantly from the FIR,
the defense can highlight these inconsistencies.
6. Delay in Lodging FIR
 Delay in filing the FIR without a valid explanation can weaken its evidentiary value.
 Example: A delay in lodging the FIR might lead to suspicions of concoction or
manipulation, unless adequately justified.
7. Evidentiary Value in Case of Omission
 Material omissions in the FIR can undermine its credibility. Courts often consider
whether critical details were omitted intentionally or due to oversight.

Relevant Judicial Precedents

1. Thulia Kali v. State of Tamil Nadu (1972)
o Delay in filing an FIR diminishes its credibility unless satisfactorily explained.
2. State of Haryana v. Bhajan Lal (1992)
o FIR serves as the basis for investigation and cannot be quashed unless the case fits
exceptional categories.
3. Bhagwan Singh v. State of MP (2002)
o FIR recorded as a dying declaration can be relied upon if made voluntarily and
accurately.

Diagrammatic Representation of FIR's Evidentiary Role

FIR Filed → Purpose: Inform police and initiate investigation
↓
Not Substantive Evidence → Used for:
 Corroboration
 Contradiction
↓
Exceptions for Admissibility:
 Dying Declaration
 Leading to Discovery

Conclusion
The evidentiary value of the FIR is limited and depends on its consistency, timing, and context.
While it is a critical document for initiating legal proceedings, it is not treated as conclusive
proof of the facts stated within. Courts evaluate its credibility alongside other evidence presented
during the trial.

4. Rights of arrested persons in detail

Rights of Arrested Persons in India
The rights of arrested persons in India are derived from the Constitution, statutory provisions,
and judicial pronouncements. These rights aim to ensure that individuals are treated fairly during
arrest and detention while protecting them from abuse of power by law enforcement agencies.

1. Right to Be Informed of Grounds of Arrest

 Constitutional Provision: Article 22(1)
 Statutory Provision: Section 48 of bhartiya nagri suraksha sanhita(BNSS)
 Details:
o Every person has the right to be informed of the reasons for their arrest.
o Example: A police officer must explain the charge to an arrested person.

2. Right to Legal Representation

 Constitutional Provision: Article 22(1)
 Statutory Provision: Section 340 of BNSS
 Details:
o An arrested individual has the right to consult a lawyer of their choice.
o Judicial Precedent: Hussainara Khatoon v. State of Bihar (1979) emphasized the
right to free legal aid.

3. Right to Be Presented Before a Magistrate

 Constitutional Provision: Article 22(2)
 Statutory Provision: Section 58 of BNSS
 Details:
o A person arrested without a warrant must be presented before a magistrate within
24 hours.
o This prevents illegal detention and ensures judicial oversight.

4. Right Against Self-Incrimination

 Constitutional Provision: Article 20(3)
 Details:
o No person accused of an offense shall be compelled to testify against themselves.
o Judicial Precedent: Selvi v. State of Karnataka (2010) prohibited narco-analysis
and polygraph tests without consent.

5. Right to Medical Examination

 Statutory Provision: Section 53 of BNSS
 Details:
o The arrested person can request a medical examination to document any injuries
or illnesses, ensuring protection from custodial torture.

6. Right to Inform a Relative or Friend

 Statutory Provision: Section 48 of BNSS
  Details:
o The arresting officer must inform a nominated person about the arrest and
detention.

7. Right Against Arbitrary Arrest

 Judicial Precedent:
o In Joginder Kumar v. State of UP (1994), the Supreme Court held that arrest
should not be arbitrary and must be based on reasonable grounds.

8. Right to Remain Silent

 Statutory Provision: Implied under Article 20(3) of the Constitution
 Details:
o A person cannot be forced to answer questions that may incriminate them.

9. Right Against Inhuman Treatment

 Judicial Precedent:
o In DK Basu v. State of West Bengal (1997), the Supreme Court laid down
guidelines to prevent custodial torture.
o Arresting officers must display their identification and maintain an arrest diary.

10. Right to Bail

 Statutory Provisions:
o Section 478 of BNSS: Bail in bailable offenses.
o Section 480 of BNSS: Bail for non-bailable offenses under certain conditions.

Diagram Representation: Rights of Arrested Persons

Arrest → Rights Ensured
↓
1. Information on Grounds (Sec 47)
↓
2. Legal Representation (Art 22, Sec 340)
↓
3. Magistrate Presentation (Sec 58)
↓
4. Medical Exam (Sec 53)
↓
5. Inform Family/Friends (Sec 48)

Conclusion
The rights of arrested individuals protect personal liberty and ensure procedural fairness. They
act as safeguards against misuse of power by law enforcement authorities while upholding the
rule of law.
5. Security for keeping peace and for good behavior
Security for Keeping Peace and Good Behavior
The provisions related to security for keeping the peace and ensuring good behavior are codified
under Sections 125 to 143 of bhartiya nagri suraksha sanhita(BNSS),. These sections
empower magistrates to take preventive measures to maintain public order and prevent potential
threats to peace.

1. Security for Keeping the Peace on Conviction (Section 125 of BNSS)

 Applicability:
o When a person is convicted of offenses involving breach of peace or committing
criminal intimidation.
 Order:
o The magistrate may order the convicted person to execute a bond with or without
sureties to ensure they keep the peace for a specified period (maximum 3 years).
 Example:
o After being convicted of rioting, a person may be required to execute a bond to
prevent further disturbances.

2. Security for Keeping the Peace in Other Cases (Section 126 of BNSS)
 Applicability:
o When a person is likely to commit a breach of peace or disturb public tranquility.
 Procedure:
o The magistrate can require the person to execute a bond with or without sureties
for maintaining peace for up to 1 year.
 Example:
o A person threatening to harm their neighbor may be required to give a bond for
keeping the peace.

3. Security for Good Behavior (Sections 127–129 of BNSS)

(a) Section 127: Security for Good Behavior in Cases of Seditious Activities
 Applicability:
o When a person is involved in acts promoting enmity, hatred, or seditious
activities.
 Order:
o The magistrate may require such persons to execute a bond with or without
sureties.
(b) Section 128: Security for Good Behavior from Suspected Persons
 Applicability:
o When a person is suspected of being about to commit an offense, but no
substantive crime has yet occurred.
 Example:
 o A habitual pickpocket loitering in public places may be required to execute a
bond.
(c) Section 129: Security for Good Behavior from Habitual Offenders
 Applicability:
o When a person is a habitual offender, such as a thief, burglar, or dacoit.
 Order:
o The magistrate can order the execution of a bond to prevent future crimes.

4. Procedure and Safeguards (Sections 130–143 of BNSS)

(a) Order to Show Cause (Section 130)
 When a magistrate requires security, they must issue a written order stating the grounds.
(b) Inquiry as to Truth (Section 135)
 Before requiring security, the magistrate must conduct an inquiry into the truth of the
information received.
(c) Period of Security (Section 136)
 The period for which the security is required must not exceed 3 years.
(d) Failure to Give Security (Section 141)
 If a person fails to furnish the required security, they may be detained in custody for the
duration of the security period.

Judicial Precedents
1. Madhu Limaye v. SDM Monghyr (1971)
o Preventive measures should not be arbitrary and must comply with procedural
safeguards.
2. State of Gujarat v. Saiyed Mohd. Saiyed Umar Saiyed (1995)
o Emphasized that the inquiry under Section 116 must be fair and reasonable.

Diagrammatic Representation
Trigger (Behavior/Threat) → Magistrate's Order
↓
Inquiry (Section 135)
↓
Bond Execution (Sections 125–129)
↓
Failure to Furnish Bond → Detention (Section 141)

Conclusion
The provisions for security for keeping peace and ensuring good behavior strike a balance
between individual liberty and public order. By focusing on preventive justice, these measures
aim to deter potential breaches of peace and tranquility. Courts have repeatedly emphasized
adherence to procedural fairness to prevent misuse of these powers.
6. Bail, Conditions for granting bail in detail
Bail and Conditions for Granting Bail (Detailed Answer)
Bail is a legal mechanism that allows an accused person to be released from custody, with an
assurance to appear in court as required. The concept is based on the principle of personal liberty
and the presumption of innocence until proven guilty.

Statutory Framework for Bail in India

1. Relevant Provisions in bhartiya nagri suraksha sanhita(BNSS):
o Sections 478–496 of BNSS deal with bail.
o Section 478: Bail in bailable offenses.
o Section 480: Bail in non-bailable offenses.
o Section 482: Anticipatory bail.
o Section 483: Special powers of the High Court and Sessions Court to grant bail.
2. Constitutional Basis:
o Article 21: Protects the right to life and liberty, ensuring bail is granted unless
lawful deprivation is justified.

Types of Bail
1. Regular Bail:
o Granted after an arrest to release the accused from custody.
o Sought under Sections 479 and 480 of BNSS.
2. Anticipatory Bail:
o Sought under Section 482 of BNSS, prior to arrest.
o Protects individuals who fear arrest due to fabricated accusations.
3. Interim Bail:
o Temporary bail granted until a decision is made on regular or anticipatory bail.

Conditions for Granting Bail

1. For Bailable Offenses (Section 478):
 Definition: Offenses where the law allows bail as a matter of right (e.g., minor offenses
like theft).
 Conditions:
o Bail is granted automatically upon furnishing sureties or bonds.
o Police or magistrates cannot deny bail in such cases.

2. For Non-Bailable Offenses (Section 480):

 Definition: Offenses where bail is not a right and is subject to judicial discretion (e.g.,
murder, rape).
 Conditions:
o Bail may be denied if the accused:
 Has a history of criminal offenses.
 May tamper with evidence or influence witnesses.
  May flee from justice.
o Bail can be granted if the accused:
 Is under the age of 16.
 Is a woman or infirm.
 There is insufficient evidence.

3. Anticipatory Bail (Section 482):

 Conditions for granting:
o The court considers:
 Nature and gravity of the accusation.
 Possibility of misuse of anticipatory bail.
 Previous criminal records.
o Example: If a person anticipates arrest for alleged defamation, they can apply for
anticipatory bail.

Additional Conditions for Bail

1. Presence in Court:
o The accused must promise to appear before the court on specified dates.
2. Surety and Personal Bond:
o The accused or their guarantor must deposit a monetary surety as assurance.
3. Restrictions on Travel:
o The court may impose restrictions on the accused’s movement, particularly
international travel.
4. No Tampering with Evidence:
o The accused must not contact witnesses or tamper with evidence.
5. Additional Conditions (Section 483):
o High Courts and Sessions Courts may impose additional conditions, such as
periodic reporting to the police.

Judicial Precedents on Bail

1. Gudikanti Narasimhulu v. Public Prosecutor (1978):
o Bail is the rule, and jail is the exception.
2. State of Rajasthan v. Balchand (1977):
o Personal liberty is a constitutional right, and bail cannot be arbitrarily denied.
3. Sanjay Chandra v. CBI (2011):
o Bail should not be refused as a punitive measure.

Diagram: Process of Bail Decision

1. Arrest or Anticipation of Arrest
↓
2. Application for Bail
o Regular, Anticipatory, or Interim
↓
3. Judicial Consideration
 o Nature of Offense
o Risk of Tampering or Absconding
↓
4. Conditions Imposed
o Surety, Travel Restrictions, Reporting
↓
5. Decision
o Grant or Deny Bail

Conclusion
The bail process ensures a balance between individual liberty and societal interests. While
bailable offenses allow bail as a right, non-bailable offenses require judicial discretion. Courts
are guided by principles of justice and fairness to prevent misuse while safeguarding
constitutional rights.

7.Charge, framing of charge, joinder of charges in detail

Charge, Framing of Charge, and Joinder of Charges in Criminal Law
The charge in criminal law is a formal accusation of an offense against an accused person. It
serves as the foundation for a criminal trial, detailing the specific offense(s) the accused is
alleged to have committed. The provisions governing charges are laid out in Chapter XVII of
the Bhartiya nagri suraksha sanhita 2023, from Sections 234–247.

1. Definition of Charge (Section 234 BNSS)

A charge is defined as a precise formulation of the accusation against the accused, detailing the
offense and its legal description.
Key Elements of a Charge:
1. Specific Offense: The nature of the offense.
2. Details: Date, time, place, and circumstances of the alleged crime.
3. Applicable Law: The section of the BNS or other laws under which the offense falls.
Purpose of Charge:
 To inform the accused of the allegations.
 To enable the accused to prepare a defense.
 To limit the scope of the trial to the specific accusations.

2. Framing of Charges (Sections 251 and 263 BNSS)

When Charges Are Framed:
 Charges are framed after the court finds sufficient evidence during the preliminary stage
of the trial.
 Sections 251and 263 BNSS guide the procedure for framing charges in sessions and
warrant cases, respectively.
Procedure:
1. Sessions Court (Section 251):
 o If sufficient evidence exists, the judge frames the charge.
o If not, the judge discharges the accused under Section 249.
2. Magistrate’s Court (Section 263):
o In warrant cases, the magistrate frames the charge if evidence shows a prima facie
case.
o The accused is discharged under Section 262 if evidence is insufficient.
Judicial Precedent:
 State of Bihar v. Ramesh Singh (1977): At the stage of framing charges, only a prima
facie case needs to be established; detailed examination of evidence is unnecessary.

3. Joinder of Charges (Sections 241–247 BNSS)

Joinder of charges refers to combining multiple charges against an accused in a single trial.
While the general rule under Section 241 mandates separate charges and trials for each offense,
exceptions are provided to streamline the process.
Exceptions to Section 241:
1. Same Transaction (Section 243):
o If multiple offenses are part of the same transaction, they may be tried together.
o Example: A person commits robbery and causes grievous hurt during the same
act.
2. Criminal Breach of Trust (Section 235):
o All related offenses involving criminal breach of trust can be tried together.
3. Multiple Accused (Section 246):
o If several persons are accused of committing the same offense in a single act, they
may be charged together.
4. Habitual Offenders (Section 242):
o Up to three offenses of the same kind committed within 12 months can be tried
together.

4. Amendment or Alteration of Charges (Section 239 BNSS)

 The court can amend or alter charges at any stage before the judgment is pronounced.
 The accused must be given a fair opportunity to defend against the modified charges.
Judicial Precedent:
 Kantilal Chandulal Mehta v. State of Maharashtra (1969): An alteration in charges
must not prejudice the defense of the accused.

Diagram: Process of Framing and Joinder of Charges

1. Complaint Filed/Charge Sheet Submitted
↓
2. Preliminary Examination of Evidence
↓
3. Sufficient Evidence?
o Yes → Framing of Charges (Sec 251, 263)
 o No → Discharge (Sec 250, 262)
↓
4. Joinder of Charges if Applicable (Sec 241–246)
↓
5. Trial Based on Framed Charges

Conclusion
The procedure for framing charges and joining them ensures that trials are conducted efficiently
without compromising the accused's right to a fair hearing. The BNSS provisions, supported by
judicial precedents, strike a balance between preventing abuse of process and safeguarding
individual rights.

8. Trial procedure for session court, warrant case, summons case in detail
Trial Procedure for Sessions Court, Warrant Cases, and Summons Cases
The Bhartiya nagri suraksha sanhita 2023 lays down the trial procedures based on the nature
of the offense and the type of court. These procedures ensure fairness in adjudication while
safeguarding the rights of the accused.

1. Trial in Sessions Court (Sections 248–260 BNSS)

Applicable for offenses punishable with death, life imprisonment, or imprisonment exceeding
7 years. The trial follows these steps:
Procedure:
1. Commitment to Sessions Court (Section 232):
o The Magistrate commits the case to the Sessions Court after finding a prima facie
case.
2. Opening by Public Prosecutor (Section 249):
o The prosecutor outlines the case and evidence to establish guilt.
3. Charge Framing (Section 251):
o The judge frames charges if evidence supports a prima facie case.
o If not, the accused is discharged under Section 250.
4. Plea of the Accused (Section 252):
o The accused pleads guilty or not guilty.
o If guilty, the judge may convict without a trial.
5. Prosecution Evidence (Section 253–254):
o Witnesses are examined, and evidence is presented.
o The accused has the right to cross-examine witnesses.
6. Defense Evidence (Section 256):
o The accused can present evidence and summon witnesses.
7. Arguments and Judgment (Sections 257–258):
o Both sides present final arguments.
o Judgment is pronounced, either convicting or acquitting the accused.
2. Trial of Warrant Cases (Sections 261–273 BNSS)
Warrant cases involve offenses punishable with more than 2 years of imprisonment. The trial
can be:
 Instituted on a Police Report (Section 261).
 Instituted on a Complaint (Section 267).
Procedure:
A. Cases Based on a Police Report:
1. Supply of Documents (Section 230):
o The accused receives copies of the charge sheet, FIR, and other evidence.
2. Consideration of Charges (Section 262–263):
o The magistrate examines the evidence to decide whether charges should be
framed or the accused discharged.
3. Prosecution Evidence (Section 265):
o Witnesses are examined, and evidence is presented.
4. Defense Evidence (Section 266):
o The accused can produce evidence and cross-examine prosecution witnesses.
5. Final Arguments and Judgment (Section 271):
o The magistrate delivers judgment.
B. Cases Instituted on Complaint:
1. Pre-Charge Evidence (Section 267):
o The complainant and witnesses are examined.
2. Charge Framing (Section 269):
o If sufficient evidence exists, charges are framed.
o If not, the accused is discharged.
3. Post-Charge Procedure (Sections 270–271):
o Similar to cases based on a police report.

3. Trial of Summons Cases (Sections 274–282 BNSS)

Summons cases involve offenses punishable with up to 2 years of imprisonment. The
procedure is simpler and quicker than warrant cases.
Procedure:
1. Explanation of the Charge (Section 274):
o The magistrate explains the particulars of the offense to the accused.
2. Plea of the Accused:
o If the accused pleads guilty, the magistrate may convict without a trial.
3. Evidence Presentation (Section 277):
o Both prosecution and defense present their evidence.
4. Arguments and Judgment (Section 278):
o After hearing arguments, the magistrate delivers judgment.
5. Dismissal of Complaint (Section 279):
o If the complainant does not appear, the case may be dismissed.

Key Differences in Procedures

 Aspect Sessions Court Warrant Case Summons Case
Applicable Severe crimes (>7 Intermediate crimes (>2 Minor crimes (≤2
Offenses years) years) years)
Plea Recording Section 252 Section 263 (Police Report) Section 274
Charge Framing Section 251 Sections 262–263 or 269 Not formally framed
Complexity High Moderate Low

Diagram: Overview of Trial Procedures

Sessions Trial → Warrant Trial → Summons Trial
↓↓↓
Commitment Charge Framing Explanation of Charge
↓↓↓
Charge Framing Evidence Evidence
↓↓↓
Evidence Arguments Judgment
↓↓
Arguments Judgment

Conclusion
The trial procedures vary based on the nature and severity of the offense. Sessions trials are most
detailed, warrant cases involve intermediate steps, and summons trials are streamlined for minor
offenses. These distinctions balance efficiency with justice while safeguarding the rights of the
accused.

9. Plea bargaining in detail

Plea Bargaining in Detail
Plea bargaining is a legal process where the defendant agrees to plead guilty to a lesser charge
or receive a lighter sentence in exchange for avoiding a trial. It is a significant aspect of criminal
justice systems in many countries, including India, the United States, and the UK. In India, plea
bargaining was formally introduced through an amendment to bhartiya nagri suraksha
sanhita(BNSS) in 2005, specifically under Section 289–300. The aim is to reduce the backlog of
cases and allow the accused to receive a lesser sentence for cooperating with the prosecution.

1. Nature of Plea Bargaining

 Negotiation: Plea bargaining involves negotiation between the prosecution and the
defense. The defendant agrees to plead guilty to a lesser offense in exchange for a more
lenient punishment.
 Voluntary: The defendant must willingly agree to the plea; it is not forced upon them.
 No Trial: In exchange for a guilty plea, the defendant avoids a full trial. This expedites
the judicial process and reduces court congestion.

2. Types of Plea Bargaining

There are generally three types of plea bargaining:
  Charge Bargaining: The defendant pleads guilty to a lesser charge than originally filed.
o Example: An accused charged with murder may plead guilty to manslaughter.
 Sentence Bargaining: The defendant pleads guilty to the same charge, but the
prosecution agrees to recommend a lighter sentence.
o Example: An accused charged with theft may plead guilty in exchange for a
sentence reduction.
 Fact Bargaining: The defendant agrees to facts that would lead to a lesser charge or
lighter sentence. This is less common but can be used in specific cases.

3. Plea Bargaining Process in India (Under Section 289–300of BNSS)

A. Eligibility for Plea Bargaining:
 Crimes Covered: Plea bargaining is applicable to lesser offenses and not serious
offenses like murder, rape, etc.
 Conditions: The accused must voluntarily agree to the process, and the consent of the
victim (in certain cases) may be necessary.
 Plea Negotiation: The court will intervene only after the accused and prosecution agree
to a deal.
B. Procedure:
1. Application: The accused or their lawyer files an application for plea bargaining before
the court.
2. Review by Court: The judge assesses the case and ensures that the plea agreement is
voluntary and not coerced.
3. Victim's Consent: In cases where the victim is involved (e.g., in offenses involving
personal harm), their consent may be necessary.
4. Plea Agreement: The accused pleads guilty to a lesser charge or agrees to a reduced
sentence.
5. Court Approval: The court evaluates the plea bargain and can either accept or reject it.
6. Final Judgment: If accepted, the court sentences the accused accordingly. If rejected, the
case proceeds to trial.
C. Conditions for Plea Bargaining:
 The crime must not be a serious offense (such as murder or terrorism).
 The victim’s consent may be sought, particularly for cases involving personal harm
(Section 291).
 The accused must be given a fair opportunity to understand the consequences of
pleading guilty (Section 290).

4. Advantages of Plea Bargaining

1. Reduces Court Congestion: By resolving cases without the need for a lengthy trial, plea
bargaining helps reduce the burden on the courts.
2. Quicker Justice: It leads to faster resolution of cases, benefiting both the accused and the
victim.
3. Certainty: The accused may get a clearer outcome in terms of sentencing, rather than
risk a harsher penalty if convicted at trial.
 4. Cost-Effective: It reduces legal costs for both the state and the accused, as trials can be
expensive and time-consuming.
5. Less Trauma for Victims: In some cases, it spares victims from the trauma of lengthy
cross-examinations in court.

5. Disadvantages and Criticisms

1. Risk of Injustice: Plea bargaining may result in an unfairly lenient sentence for the
accused, especially for serious offenses.
2. Pressure on the Accused: Some defendants may feel coerced into accepting a plea
bargain, even if they are innocent.
3. Victim's Rights: In cases where the victim’s consent is not properly considered, plea
bargaining may undermine their interests, especially in personal injury or violent crimes.
4. Potential for Unequal Application: If not carefully monitored, plea bargaining may
disproportionately benefit wealthier or better-resourced individuals.

6. Case Law on Plea Bargaining in India

1. State of Uttar Pradesh v. Chandrika (2016): The Supreme Court of India held that plea
bargaining should be encouraged, provided that it is voluntary and there is no coercion
involved.
2. Bajaj Auto Ltd v. State of Maharashtra (2016): The Court emphasized that plea
bargaining should be a transparent process and ensure that the rights of victims are not
compromised.

7. International Perspective on Plea Bargaining

 United States: Plea bargaining is common in the U.S. judicial system, with a large
percentage of criminal cases resolved through negotiated pleas. It is a core feature of the
American criminal justice system, ensuring efficiency but also facing criticisms for
potential injustices.
 United Kingdom: While less prevalent than in the U.S., plea bargaining is still used,
particularly for less serious offenses. The UK legal system also places great importance
on maintaining fairness in the process.

Diagram: Plea Bargaining Process

1. Accused Applies for Plea Bargaining ↓
2. Negotiation between Defense and Prosecution
↓
3. Court Reviews Agreement
↓
4. Victim's Consent (If Applicable)
↓
5. Court Approval of Plea
↓
6. Final Sentence or Judgment
Conclusion
Plea bargaining is a useful tool for expediting justice in cases where it is appropriate. While it
offers benefits such as faster resolutions and reduced court costs, it also raises concerns
regarding fairness and the protection of victims' rights. It is important that the process is carried
out transparently, with proper safeguards, to ensure that justice is served without compromising
the accused’s or the victim’s rights.

10. Mode and provision relating to judgment under BNSS

Mode and Provisions Relating to Judgment under BNSS (Bihar National School
of Statistics) Law Exam Pattern
In the context of the Bihar National School of Statistics (BNSS), the mode and provisions
relating to judgments focus on the principles of criminal law, particularly the judgments
delivered by criminal courts under bhartiya nagri suraksha sanhita(BNSS). The BNSS provides
comprehensive guidelines for the delivery of judgment in criminal trials. Below is a detailed
breakdown of the mode and provisions relating to judgment under criminal law and as may be
relevant in a law exam under BNSS.

1. Judgment under Bhartiya nagrik surksha sanhitae (BNSS)

A judgment is the final decision rendered by a court regarding the guilt or innocence of the
accused, as well as the penalty to be imposed. The BNSS provides specific provisions for how a
judgment must be pronounced, written, and executed.
A. Mode of Pronouncing Judgment:
1. Oral Pronouncement (Section 392 BNSS):
o A judgment is generally pronounced orally in open court, summarizing the facts
and reasoning behind the decision. The judge may also provide an oral
explanation of the sentence if convicted.
2. Written Judgment (Section 393 BNSS):
o After oral pronouncement, a written judgment is prepared, especially in complex
cases. This written judgment includes all the detailed findings of the court,
including:
 The charges against the accused.
 The evidence presented.
 The reasoning behind the verdict.
 The final order of acquittal or conviction, and the sentence if applicable.
3. Judgment in Absentia (Section 392):
o In some cases, a judgment can be passed even if the accused is absent, especially
in summons and warrant cases, provided the accused was duly notified.
B. Types of Judgments:
 Acquittal: If the prosecution fails to prove the charges beyond a reasonable doubt, the
accused is acquitted.
  Conviction: If the prosecution proves the charges, the accused is convicted. The type of
conviction depends on the offense (e.g., simple imprisonment, life imprisonment, or
death sentence).
 Discharge: The judge may discharge the accused if the evidence presented is insufficient
to proceed with the trial.

2. Provisions Relating to Judgment under BNSS

A. Contents of the Judgment (Section 393 BNSS):
 The judgment must contain the following elements:
1. Date and Place of the judgment.
2. Name of the Judge who delivered the judgment.
3. Full particulars of the case, including the offense and the charge.
4. Summary of Evidence: A brief on the evidence produced during the trial.
5. Reasons for Decision: A detailed explanation of why the court reached its
conclusion (whether the accused is guilty or not).
6. Order of Acquittal/Conviction: Clear mention of the verdict and the punishment
imposed.
B. Time for Pronouncement (Section 392 BNSS):
 After the conclusion of the trial, the judgment must be delivered within a reasonable time.
 The judgment may be reserved for a later date if the case is complex. In such cases, the
judgment is typically delivered within 30 days from the conclusion of arguments.
C. Pronouncement in Absence (Section 392 BNSS):
 A judgment may be pronounced in the absence of the accused if the accused is
voluntarily absent or fails to appear after being duly notified.
 In the case of absence for medical reasons or emergency, the judge may adjourn the
pronouncement but must ensure that the judgment is delivered promptly.

3. Appeals and Revision Against Judgment (Sections 413–435 BNSS)

After a judgment is passed, the accused or the prosecution has the right to challenge the
judgment under the following provisions:
1. Appeal: The convicted party can file an appeal in a higher court (Sessions Court or High
Court).
2. Revision: The revision process allows the party to seek judicial review of a lower court's
decision, challenging the correctness, legality, or propriety of the judgment.
o Appeal Process: Under Sections 455-417 BNSS, an appeal can be made to a
higher court (e.g., Sessions Court, High Court).
o Revision Process: Sections 482–442 allow the higher courts to review judgments
passed by lower courts.

4. Execution of Judgment (Sections 471–484 BNSS)

Once a judgment is passed, the court orders its execution. The execution process involves:
 Issuing a warrant of conviction for the accused’s detention.
  Ensuring that the punishment (e.g., fine, imprisonment) is carried out as per the
judgment.
For example, if the accused is sentenced to imprisonment, the court will issue an arrest warrant
for the accused, or if a fine is imposed, the fine must be paid within the specified time frame.

5. Judgment in Civil and Criminal Cases

While the BNSS focuses primarily on criminal cases, in a civil case (under the Civil Procedure
Code, 1908), the judgment process is slightly different, focusing more on compensatory
measures. However, the core principles related to the delivery of judgment (such as clarity,
reasoning, and the opportunity to appeal) remain consistent.

Conclusion
The mode and provisions relating to judgment under BNSS primarily refer to the legal
framework outlined in bhartiya nagri suraksha sanhitafor the delivery and execution of
judgments in criminal trials. These provisions ensure that the trial process is conducted fairly and
efficiently, with the judge providing a detailed explanation of the decision. Additionally, they
provide avenues for the accused to challenge the judgment through appeals or revisions, thereby
ensuring a just process.

11.Difference between Parole and Probation

Parole and probation are both forms of supervised release for offenders but serve different
purposes and operate within different legal frameworks.

1. Parole
 Definition: Parole is the early release of a prisoner from jail or prison, usually after
serving a portion of the sentence. Parole is conditional, and the released inmate must
adhere to certain terms set by the parole board.
 Purpose: The primary goal of parole is to reintegrate offenders into society under
supervision, providing them with support and monitoring as they transition from
incarceration back to the community.
 Eligibility: Parole eligibility depends on the type of offense, the prisoner's behavior, and
other factors during incarceration. For instance, parole eligibility may be available for
prisoners who have shown good behavior and who meet certain criteria established by the
parole board.
 Examples: A prisoner convicted of a non-violent crime might be eligible for parole after
serving a portion of their sentence, such as two-thirds of a 10-year sentence.

2. Probation
 Definition: Probation is an alternative to serving time in prison. Instead of going to jail,
the offender remains in the community but is subject to certain conditions and
supervision by a probation officer.
  Purpose: The goal of probation is to provide supervision and support to offenders while
giving them a chance to avoid incarceration. It's a way to hold offenders accountable
without removing them from society entirely.
 Eligibility: Probation may be offered at the time of sentencing for less serious offenses or
when a judge believes that probation would be more appropriate than imprisonment for
the offender. Probation is more commonly used for first-time offenders or those
convicted of less serious crimes.
 Examples: A person convicted of theft or vandalism might be sentenced to probation
instead of jail time, requiring them to meet certain conditions like paying restitution,
attending counseling sessions, or community service.

Key Differences:
1. Nature of Release:
o Parole involves the early release of a prisoner from prison or jail, usually after
serving part of a sentence, with certain conditions imposed for reintegration into
society.
o Probation involves the suspension of a prison sentence, with offenders remaining
in the community under certain conditions and supervision.
2. Conditions:
o Parole conditions focus on monitoring and supporting released prisoners, helping
them adjust to life outside of prison. These conditions may include regular check-
ins with a parole officer, curfew restrictions, employment requirements, or drug
testing.
o Probation conditions include supervision by a probation officer, which might
involve drug testing, counseling, community service, or job requirements.
3. Eligibility:
o Parole is typically available to inmates who have shown good behavior and have
met eligibility requirements established by the parole board.
o Probation is usually given at the time of sentencing for those convicted of less
serious offenses or who do not pose a significant risk to public safety.
4. Purpose:
o Parole aims to help prisoners reintegrate into society and lower the prison
population by providing support and monitoring.
o Probation seeks to offer an alternative to incarceration, providing offenders with
a chance to rehabilitate while remaining in the community.

Example Cases:
 Parole might be granted to a prisoner serving a 5-year sentence for a drug offense if they
have demonstrated good behavior and meet parole board criteria.
 Probation might be offered at sentencing to an individual convicted of shoplifting,
allowing them to perform community service or counseling instead of serving time in jail.

International Perspectives:
  In the U.S., parole is more commonly used, especially for serious crimes and with
prisoners who have demonstrated good behavior during incarceration.
 In countries like Canada, probation is more prevalent and used for a broader range of
offenses.
 The European Union also utilizes both parole and probation, but with slightly different
criteria and procedures depending on the country.

Conclusion
While both parole and probation serve to help offenders reenter society, parole is specifically
designed for prisoners being released early from jail or prison, while probation is an alternative
to incarceration at the time of sentencing. Both programs aim to provide support, supervision,
and accountability, but they operate within different legal frameworks and for different types of
offenders.

12. Provision for juvenile justice under Juvenile Justice Act

Provisions for Juvenile Justice under the Juvenile Justice (Care and Protection
of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) provides a
comprehensive legal framework for the protection, care, and rehabilitation of children in conflict
with the law and children in need of care and protection. This Act aims to address issues related
to juvenile delinquency, ensuring a child-friendly approach to justice.
Here’s a detailed look at the provisions for juvenile justice under the JJ Act:

1. Definition of a Juvenile
Under the Juvenile Justice Act, 2015, a "juvenile" or "child" is defined as a person who has not
completed the age of 18 years. However, the Act distinguishes between juveniles in conflict
with the law (those who have committed crimes) and children in need of care and protection
(those who are vulnerable or in danger).

2. Categories of Juvenile Delinquents

The Act deals with two broad categories:
 Children in conflict with the law: These are children accused or found guilty of
committing criminal offenses.
 Children in need of care and protection: This category includes children who have
been abandoned, are in difficult circumstances, or are at risk of harm or exploitation.

3. Juvenile Justice Boards (JJBs)

 The Juvenile Justice Board is the authority responsible for adjudicating cases involving
juveniles in conflict with the law.
 The Board is mandated to comprise a metropolitan magistrate or judicial magistrate,
a social worker, and a psychologist or child welfare expert.
  JJBs operate with the understanding that children are capable of reform and
rehabilitation. They aim to focus on the rehabilitation of the child rather than punishment.

4. Child Welfare Committees (CWCs)

 Child Welfare Committees are established under the JJ Act to look after children in
need of care and protection. CWCs are responsible for:
o Determining the care plan for a child.
o Ensuring that the child’s rights are protected.
o Working on the rehabilitation and reintegration of children.

5. Detention of Juveniles
 The detention of juveniles in conflict with the law is to be in special homes or
observation homes rather than in regular prisons.
 The Act prohibits the detention of children in prison with adults.
 Juveniles can be detained for a maximum period of three years if convicted, and after
rehabilitation, they are released.
 For juveniles above the age of 16 years, the Children’s Court can try serious offenses
under specific circumstances, but they will still be treated as juveniles under the law.

6. Rehabilitation and Social Integration

 The Act emphasizes rehabilitation and social reintegration as the primary goals of
juvenile justice.
 It focuses on education, vocational training, and the development of life skills to help
the child become a productive member of society.
 A reformative approach is adopted, focusing on the child’s potential for change and
reform.

7. Preventive Measures
 The JJ Act encourages the implementation of preventive measures to reduce juvenile
delinquency, including counseling, guidance, and support for families in distress.
 States are encouraged to set up programs that raise awareness of juvenile rights and
provide support for families and communities.

8. Special Provisions for Children Above 16 Years

 Under certain circumstances, juveniles aged 16 years or more may be tried as adults for
heinous crimes. This is allowed if the Juvenile Justice Board decides that the crime
committed is of a serious nature (e.g., murder or rape) and the juvenile is capable of
understanding the seriousness of the crime.
 The Board can transfer such cases to the Children's Court, which may decide on adult-
like consequences for the child.

9. Adoption
  The Act provides for the adoption of children in need of care and protection. It ensures
that adoption is in the best interest of the child and that the process is carried out through
a structured procedure.
 The adoption process is handled by the Central Adoption Resource Authority
(CARA), ensuring transparency and accountability.

10. Child Protection and Rights

 The JJ Act ensures that juveniles have access to basic rights, including the right to
education, right to protection from exploitation, and right to a fair trial.
 It also mandates that no child be subjected to torture or cruel, inhuman, or degrading
treatment.

11. Juvenile Justice (Care and Protection of Children) Model Rules, 2016
 The JJ Model Rules, 2016 provide the operational framework for the implementation of
the provisions of the JJ Act. These rules lay down detailed procedures for the functioning
of the Juvenile Justice Boards, Child Welfare Committees, and the establishment of
Observation Homes.

12. International Framework and Alignment with UN Standards

 The Juvenile Justice Act aligns with international standards, particularly the United
Nations Convention on the Rights of the Child (UNCRC), to which India is a
signatory.
 It incorporates the principle that the best interests of the child should be the primary
consideration in all decisions involving children.

Conclusion
The Juvenile Justice (Care and Protection of Children) Act, 2015 represents a significant
shift in India’s approach to juvenile justice, focusing on rehabilitation and social reintegration
rather than punitive measures. By providing a child-friendly legal framework and aligning with
international standards, the Act aims to ensure that juveniles are treated in accordance with their
age, understanding, and potential for reform.

Short note
1. Cognizable and non- cognizable offence
Cognizable and Non-Cognizable Offenses
Under Indian criminal law, the distinction between cognizable and non-cognizable offenses
plays a crucial role in determining the actions that law enforcement can take when a crime is
reported. This distinction is primarily governed by the Bhartiya nagrik sanhita (BNS) and
bhartiya nagri suraksha sanhita(BNSS).

1. Cognizable Offenses
Definition:
A cognizable offense is one in which a police officer has the authority to make an arrest without
a warrant and can start an investigation without the permission of a court.
Examples:
Some common examples of cognizable offenses include:
 Murder (Section 103(1), BNS)
 Rape (Section 63, BNS)
 Robbery (Section 309, BNS)
 Theft (Section 303(1), BNS)
Key Features:
 The police have the power to investigate without needing prior approval from the court.
 An arrest can be made without a warrant.
 The seriousness of these offenses typically warrants immediate police action to prevent
further harm.
Legal Reference:
 (BNSS), Section 173: This section provides the procedure for registering a First
Information Report (FIR) in cognizable cases. Once the FIR is filed, the police are
obligated to investigate.
Process:
When a cognizable offense is reported, the police can take immediate action, such as making an
arrest, conducting searches, and beginning an investigation. The seriousness of these offenses
generally leads to swift legal proceedings.

2. Non-Cognizable Offenses
Definition:
A non-cognizable offense is one where a police officer does not have the authority to make
an arrest without a warrant and cannot investigate without the permission of a court.
Examples:
Some common examples of non-cognizable offenses include:
 Minor assault (Section 131, BNS)
 Defamation (Section 356(1), BNS)
 Cheating (Section 318(4), BNS) in minor cases
 Simple hurt (Section 115(2), BNS)
Key Features:
 The police cannot arrest without a warrant.
 The police cannot investigate without the permission of a magistrate.
 These offenses are generally less serious and often involve personal disputes or minor
harm.
Legal Reference:
 Bhartiya nagrik surksha sanhitae (BNSS), Section 174: This section restricts police
from investigating non-cognizable offenses without obtaining prior permission from a
magistrate.
Process:
In non-cognizable offenses, the police are not required to take immediate action. The
complainant must usually file a complaint with the police, and a magistrate will then decide
whether an investigation should be initiated. If the magistrate permits, the police can proceed
with the investigation.

3. Differences between Cognizable and Non-Cognizable Offenses

Aspect Cognizable Offense Non-Cognizable Offense
Offenses in which the police can arrest Offenses in which the police cannot arrest
Definition without a warrant and start without a warrant and need court
investigation without court approval. permission for investigation.
Simple Assault, Defamation, Cheating
Examples Murder, Rape, Robbery, Theft
(minor cases), Minor Hurts
Police Can arrest without a warrant; Can Cannot arrest without a warrant; Cannot
Authority investigate without court order. investigate without court approval.
Seriousness of More serious crimes involving harm or Less serious, often involving personal
Crime risk to public safety. disputes or minor injury.
Legal
Section 173 (FIR Registration), Section 174(Investigation without
Reference
Section 175 (Investigation) permission is not allowed)
(BNSS)

4. Conclusion
The distinction between cognizable and non-cognizable offenses is critical for both police
officers and the judicial system, determining the appropriate response to a reported crime.
Cognizable offenses are considered more severe, requiring immediate action, while non-
cognizable offenses are treated as less serious, with the involvement of a magistrate required
before action can be taken.

2. Search and seizure

Search and Seizure Under bhartiya nagri suraksha sanhita(BNSS)
Search and seizure are critical components of criminal investigations, providing law
enforcement authorities the power to gather evidence and identify individuals involved in a
crime. These powers are primarily outlined in Section 96 to Section 125 of the BNSS. The
procedures ensure that the search and seizure process is conducted lawfully while safeguarding
individual rights.

1. Search: Definition and Procedure

A search involves looking for and taking possession of evidence of a crime, including
documents, objects, or substances. It can be done in places such as houses, premises, or vehicles.
Types of Searches:
 Search with a warrant: Under Section 96, BNSS, a magistrate can issue a search
warrant if there are reasonable grounds to believe that certain evidence exists and can be
found at a specific location.
 Search without a warrant: Section 103, BNSS allows for searches without a warrant in
situations such as when a crime is committed in the officer’s presence, or in certain
emergency situations where a delay in obtaining a warrant could hinder the investigation.
Key Provisions:
 Section 185, BNSS: Provides that a police officer can conduct a search without a warrant
in urgent situations if they believe evidence of a crime is present and immediate action is
needed.
 Section 103, BNSS: Lays down the procedure for conducting a search, including
informing the person whose property is being searched, ensuring witnesses are present,
and ensuring that the search is documented properly.
Conditions for Valid Search:
 The search must be conducted in a manner that respects personal dignity.
 It must be justified by probable cause and conducted according to the law, with
reasonable belief that evidence will be found.

2. Seizure: Definition and Procedure

Seizure refers to the act of taking possession of items that are found during a search, which may
serve as evidence in a criminal investigation or trial.
Seizure with a Warrant:
 If a search is conducted under a search warrant, items can be seized that are relevant to
the investigation or prosecution of a crime. These items are documented on a
panchnama (a detailed seizure memo), which serves as evidence that the seizure
occurred lawfully.
Seizure Without a Warrant:
 Under Section 106, BNSS, police officers may seize items without a warrant if they
reasonably suspect that the items have been stolen or are involved in a criminal act. In
such cases, the police officer is required to inform the person about the seizure and ensure
a proper record is made.
Procedure for Seizure:
 Seizure must be conducted in the presence of witnesses to avoid claims of abuse or
falsification.
 The items seized must be properly inventoried and sealed.
 A receipt must be provided to the person from whom the items are seized, which
includes a description of the items and the circumstances of the seizure.

3. Legal Safeguards and Rights of the Individual

While search and seizure powers are important tools in criminal investigations, they must be
carried out within the framework of legal safeguards to protect individuals' rights. These include:
 Right to be informed: The person being searched or whose items are seized must be
informed of the reasons for the search or seizure.
 Right to witness: The person being searched can request that independent witnesses be
present during the search and seizure, as per Section 103, BNSS.
 Exclusion of evidence: Evidence that is obtained through an illegal search or seizure
(i.e., without a valid warrant, or conducted improperly) may be excluded from trial under
the Bhartiya Saksh Adhiniyam.

4. Key Sections under BNSS for Search and Seizure

Section Description
Section 96 Search warrant: Issuing a search warrant by a magistrate.
Section 97 Search in specific cases (e.g., to examine documents related to certain offenses).
Section
Procedure for search: Ensures searches are done lawfully and documented.
103
Section
Seizure of property: Allows for the seizure of stolen or suspicious property.
106
Section Search without a warrant: Conditions for police to search without a warrant in
185 urgent cases.

5. Judicial Oversight of Search and Seizure

Judicial oversight is crucial to prevent abuse of power during search and seizure. Courts
scrutinize search and seizure actions to ensure that they are conducted in good faith and for
legitimate purposes. If a search or seizure is found to be unlawful, it can lead to the exclusion of
evidence in the trial.

Conclusion
The powers of search and seizure under the BNSS are essential tools in criminal investigations,
providing law enforcement with the ability to gather evidence and apprehend suspects. However,
these powers must be exercised with caution and respect for individual rights. By ensuring that
searches and seizures are done lawfully and with judicial oversight, the legal framework ensures
a balance between effective law enforcement and the protection of constitutional rights.

3. Public Prosecutor
Public Prosecutor: Role, Duties, and Powers
The Public Prosecutor is a vital figure in the criminal justice system. In India, bhartiya nagri
suraksha sanhita(BNSS) and various statutes outline the role, responsibilities, and powers of
public prosecutors, ensuring the smooth functioning of criminal justice while safeguarding the
public interest.

1. Definition and Role of a Public Prosecutor

A Public Prosecutor (PP) is a legal officer who represents the State in prosecuting criminal
cases. Unlike defense lawyers, whose role is to represent the accused, the public prosecutor
works to present the case against the accused on behalf of the government or the public interest.
Key Responsibilities of a Public Prosecutor:
 Representation of the State: The prosecutor represents the government and the public in
criminal cases, aiming to ensure justice is served.
 Filing of Charges: The PP initiates the criminal proceedings by filing charges or
conducting the prosecution once an accused has been charged.
 Conducting Trials: The PP presents evidence and witnesses during the trial and makes
arguments in favor of the conviction.
 Decision to Appeal: The Public Prosecutor has the power to appeal to a higher court if a
case results in acquittal or if the sentence is deemed insufficient.

2. Appointment and Qualification of Public Prosecutors

Appointment:
 According to Section 18 of the BNSS, the State Government appoints public
prosecutors for conducting prosecution in courts.
 Appointments can be made for:
o District Courts
o Sessions Courts
o Magistrate Courts
o Special Courts (for specific cases like corruption, terrorism, etc.)
Qualification:
 The public prosecutor must be a qualified advocate with a minimum of 7 years of
experience in practicing law.
 They are appointed based on merit, experience, and suitability for the role.

3. Powers and Functions of a Public Prosecutor

Power to Conduct Prosecution:
 The PP has the authority to conduct the prosecution in all criminal cases and can
directly deal with all matters related to evidence, witnesses, and arguments.
 Under Section 271 of the BNSS, in Sessions cases, the public prosecutor is responsible
for conducting the trial on behalf of the State.
Decision to File Charges:
 The PP has the discretion to decide whether to file charges based on the investigation
report. If the investigation is insufficient or if there is a lack of evidence, the PP can file a
final report (also known as a 'B' report).
Appeals and Revision:
 If the accused is acquitted in a case, the Public Prosecutor has the authority to appeal to
a higher court. For example, in the case of an acquittal in a Sessions Court, the PP can
appeal in the High Court.
Withdrawal of Prosecution:
  Under Section 360 of the BNSS, the public prosecutor has the power to withdraw from
the prosecution. This typically happens when the PP believes that continuing the case is
not in the public interest or if new evidence emerges that weakens the case.

4. Duties of a Public Prosecutor

 Duty to Uphold Justice: The PP has an obligation to ensure that justice is done, even if it
means not pursuing a case if the evidence is insufficient or unreliable.
 Fairness in Prosecution: The PP is bound by ethical standards to ensure that the
prosecution is fair and just. The prosecutor must not only seek a conviction but also
ensure that the accused's rights are protected during the trial.
 Assisting the Court: The PP assists the court in understanding the evidence and law.
They provide legal arguments, examine witnesses, and present exhibits to the court.

5. Relationship with the Police

While the public prosecutor represents the state in the prosecution of criminal cases, they do not
have direct control over police investigations. However, the PP may guide police officers during
the investigation, particularly on legal matters and ensuring that proper charges are framed. This
is especially true in high-profile or complex cases, where legal oversight is crucial.

6. Challenges Faced by Public Prosecutors

 Understaffing and Overwork: Public prosecutors often face large caseloads, leading to
delays in cases and sometimes inadequate preparation.
 Political Pressure: Prosecutors may face pressure from political figures or influential
parties in certain high-profile cases, challenging their objectivity.
 Lack of Resources: Many public prosecutors struggle with limited resources and
manpower, which impacts the quality and efficiency of their work.

7. Legal Provisions
 BNSS Section 18: Deals with the appointment of public prosecutors.
 BNSS Section 248: Defines the duty of a public prosecutor in conducting trials in
Sessions Courts.
 BNSS Section 360: Provides for the withdrawal of prosecution by the public prosecutor.
 Bhartiya saksh adhiniyam: The public prosecutor relies on the Bhartiya Saksh
Adhiniyam to present relevant and admissible evidence during trials.

Conclusion
The Public Prosecutor plays a crucial role in ensuring justice is served in criminal cases. By
representing the State, upholding ethical standards, and overseeing the prosecution process, the
public prosecutor helps maintain the integrity of the legal system. Despite challenges like
underfunding and pressure, the public prosecutor is central to the criminal justice system, serving
as the state's representative in criminal trials and helping balance the scales of justice.
4. Inquiry proceeding before magistrate
Inquiry Proceedings Before Magistrate: Overview and Process
In criminal law, inquiry proceedings before a magistrate are essential to the administration of
justice, ensuring that a case proceeds with proper legal scrutiny before it reaches the trial stage.
Bhartiya nagri suraksha sanhita(BNSS) in India outlines the procedures for conducting such
inquiries. These inquiries are aimed at determining whether there is sufficient ground to proceed
with formal criminal charges and trial.

1. Definition of Inquiry
An inquiry is a preliminary investigation conducted by a magistrate to determine whether
there is enough evidence to formally charge an individual with a crime. The purpose of an
inquiry is not to decide the guilt or innocence of the accused, but to assess whether there is
enough evidence to proceed with a trial. An inquiry is generally conducted when the FIR (First
Information Report) has been filed and a police report has been submitted to the magistrate.

2. Legal Provisions for Inquiry Proceedings

The provisions relating to inquiry before a magistrate are primarily governed by bhartiya nagri
suraksha sanhita(BNSS), which outlines different types of inquiries depending on the nature of
the offense:
Section 2(1)k of BNSS:
 The term "inquiry" refers to any process conducted by a magistrate (other than a trial) to
ascertain whether there is sufficient ground to proceed with a trial.
Section 210:
 Cognizance of Offenses: A magistrate may take cognizance of an offense based on a
police report or a private complaint. Once cognizance is taken, the magistrate may decide
whether an inquiry is necessary.
Section 225:
 Inquiry by Magistrate into a Complaint: If a magistrate receives a complaint (other
than an FIR), he may conduct an inquiry to determine whether there is enough ground to
proceed with a trial. The magistrate can either dismiss the complaint or proceed with
issuing a summons or warrant.

3. Types of Inquiries Before Magistrate

There are two main types of inquiries conducted by a magistrate:
a) Inquiry into Cognizable Offenses:
 In cases involving cognizable offenses (such as murder, theft, or rape), the magistrate
can directly take cognizance of the offense and proceed with an inquiry if necessary.
 Section 225 of BNSS mandates that a magistrate can direct the police to conduct an
inquiry or investigation into the allegations, but it is typically the police who conduct the
inquiry, and the magistrate reviews the findings.
b) Inquiry into Non-Cognizable Offenses:
  In non-cognizable offenses (such as defamation or minor assault), a magistrate has more
authority to conduct the inquiry. Here, the magistrate may issue a summon or examine
the complainant and other witnesses to determine whether there is enough evidence to
proceed.
 Under Section 223 of the BNSS, when a complaint is filed with the magistrate for a non-
cognizable offense, the magistrate can examine the complainant and witness before
deciding whether to issue process or dismiss the case.

4. Procedure of Inquiry by Magistrate

The procedure for conducting an inquiry before a magistrate includes several important steps:
Step 1: Filing a Complaint
 The process starts when a complaint is filed by an individual or the police. In cases of
cognizable offenses, the police will typically submit a report or charge sheet to the
magistrate. In cases of non-cognizable offenses, a formal complaint is filed directly with
the magistrate.
Step 2: Magistrate's Order
 Upon receiving the complaint or police report, the magistrate decides whether there is
sufficient evidence to proceed with the case. The magistrate may issue an order for
investigation (in cognizable cases) or summons/warrant (in non-cognizable cases).
Step 3: Investigation and Witness Examination
 If required, the magistrate may direct the police to conduct an investigation into the
allegations. The magistrate can also personally examine the complainant and witnesses
under Section 223 of BNSS. Additionally, the magistrate can summon the accused to
appear.
Step 4: Evidence Review
 The magistrate reviews the evidence collected, either through the police investigation or
through witness testimonies. Based on this, the magistrate decides whether there is
enough evidence to proceed with a formal charge or trial.
Step 5: Decision
 In cases of cognizable offenses, if the magistrate finds that the investigation report
suggests the likelihood of a crime, they can issue a summons or warrant for the accused.
In the case of non-cognizable offenses, the magistrate may dismiss the case or issue
process for the trial.
 If the inquiry concludes with no sufficient evidence, the magistrate may dismiss the case,
often with an order for acquittal or closure.

5. Key Provisions for Inquiry Procedures

 Section 210, BNSS: Magistrate's cognizance of offenses.
 Section 246, BNSS: Examination of the complainant and witnesses.
 Section 225, BNSS: Inquiry into complaints of cognizable offenses.
 Section 227, BNSS: Issuing summons or warrants.
 Section 229, BNSS: Power of magistrate to summon a witness.
6. Types of Orders a Magistrate Can Pass After Inquiry
 Dismissal of Complaint: If no sufficient ground is found, the magistrate may dismiss the
complaint.
 Issuance of Process: The magistrate may issue a summons or warrant for the accused,
thereby initiating formal criminal proceedings.
 Order for Investigation: The magistrate may direct the police to conduct further
investigation into the matter.
 Bail Orders: In some cases, the magistrate may grant bail to the accused during or after
the inquiry.

7. Judicial Oversight in Inquiry Proceedings

Judicial oversight ensures that the inquiry is conducted lawfully and justly. The magistrate is
required to ensure that the inquiry respects the legal rights of both the complainant and the
accused. This process aims to prevent frivolous or baseless claims from proceeding to trial while
ensuring that genuine cases are not dismissed prematurely.

Conclusion
Inquiry proceedings before a magistrate play a crucial role in the criminal justice system, acting
as a filter to assess the credibility of allegations before they go to trial. The BNSS provides a
framework that allows magistrates to assess evidence, examine witnesses, and take decisions that
ensure only cases with sufficient legal grounds are brought before courts for a trial. This
mechanism helps in preventing misuse of the legal system while safeguarding the rights of all
parties involved.

5. Recording of confession
Recording of Confession Under bhartiya nagri suraksha sanhita(BNSS)
A confession is a statement made by a person accused of a crime, acknowledging their guilt or
involvement in the crime. The law allows for confessions to be recorded, but there are strict
provisions to ensure the validity of such confessions and to protect the rights of the accused.
Bhartiya nagri suraksha sanhita(BNSS) and the Bhartiya Saksh Adhiniyam lay down specific
procedures for recording confessions.

1. Legal Provisions for Recording Confession

Section 22 of the Bhartiya Saksh Adhiniyam:
 Inadmissibility of Confession: If a confession is made under duress, coercion, or undue
influence, it is considered inadmissible in court. This includes threats, violence, or
promises of leniency.
Section 183 of BNSS:
 Recording of Confession by Magistrate: Under Section 164, the law permits a
confession to be made to a Magistrate, and it must be recorded in writing. The
confession can be made either by the accused or the witness.
 o A Magistrate who records the confession must ensure that the confession is made
voluntarily.
o The magistrate must warn the person making the confession that they are not
obligated to make any statement and that anything they say can be used against
them in court.
o The confession must be recorded in the presence of the accused, and the
magistrate must sign the document to authenticate it.

2. Procedure for Recording Confession

Step 1: Voluntary Nature of Confession
 Before recording the confession, the magistrate must satisfy themselves that the
confession is voluntary. This means that the accused should not have been threatened,
tortured, or promised anything in return for confessing.
Step 2: Warning the Accused
 The magistrate must caution the accused that they are not compelled to confess and that
any statement made can be used against them.
Step 3: Recording the Confession
 The confession must be written down by the magistrate in their own words and read
back to the accused to ensure accuracy.
 The magistrate must then sign the confession, as well as the accused. The confession is
then filed in court as evidence.
Step 4: Signing the Confession
 The confession is signed by the accused to confirm that it was made voluntarily and is
true to the best of their knowledge.

3. Safeguards to Ensure Fairness

Several safeguards are put in place to ensure the fairness of the confession process:
a) Judicial Scrutiny
 The magistrate has the duty to scrutinize whether the confession is made voluntarily, and
any evidence of torture or undue influence will render the confession inadmissible.
b) Section 22 of the Bhartiya Saksh Adhiniyam:
 A confession made to a police officer is inadmissible in court if it is obtained by
coercion or torture. This is because the law presumes that confessions made under duress
are unreliable.
c) Section 22 of the Bhartiya Saksh Adhiniyam:
 Even if a confession is made voluntarily, it may not be admissible if the accused was not
aware of their legal rights at the time of making the confession. For example, if the
accused did not understand the consequences of confessing or was not told of their right
to consult a lawyer, the confession may be excluded.

4. Judicial Precedents on Confession

The Supreme Court and various High Courts have emphasized that confessions are one of the
most potent pieces of evidence, but they must be handled with care. Some key judgments on
confessions include:
 Nandini Satpathy v. P.L. Dani (1978): The court held that a confession made under
threat, coercion, or promise of benefit is inadmissible.
 State of Uttar Pradesh v. Rajesh Gautam (2003): The court emphasized the
importance of ensuring that a confession is voluntary and made in the presence of a
judicial officer, as per Section 164 of the BNSS.

5. Confession Before Police Officers (Section 23(1) of the Bhartiya Saksh

Adhiniyam)
 Confessions to police officers are generally inadmissible unless they are made in the
presence of a magistrate. This rule is meant to prevent coerced confessions. However,
under Section 23(2) of the Bhartiya Saksh Adhiniyam, information given to a police
officer that leads to the discovery of evidence may be admissible, even if it was initially
given in a confession.

6. Importance of Voluntariness in Confession

The core principle in the law of confessions is that they must be voluntary and made without
any influence or threat. Courts have repeatedly stressed that a confession obtained through
physical or psychological pressure is unreliable and cannot be used in court.

7. Admissibility of Confessions in Court

A confession made before a magistrate (under Section 183, BNSS) is considered admissible in
court, provided it meets the conditions of being voluntary, truthful, and recorded according to
the legal procedure. However, confessions made to police officers are usually excluded unless
corroborated by other evidence.

Conclusion
The recording of confession is a crucial aspect of the criminal justice system, as it can serve as a
significant piece of evidence in the conviction or acquittal of an accused. However, to preserve
fairness, the process must be carefully regulated to ensure that confessions are made voluntarily,
without coercion or inducement. The safeguards laid out in bhartiya nagri suraksha sanhitaand
the Bhartiya Saksh Adhiniyam provide necessary protections against wrongful confessions and
ensure that the process aligns with constitutional principles of justice.

6. Public nuisance
Public Nuisance: Definition, Legal Provisions, and Examples
A public nuisance is an unlawful act that disrupts the general public's comfort, safety, peace, or
health. Unlike a private nuisance, which affects a specific individual or property, a public
nuisance involves harm or inconvenience to the community at large. The Bhartiya Nyay
Sanhita(BNS) and other legal frameworks provide specific guidelines on addressing public
nuisance, aiming to protect the collective rights and well-being of the public.

1. Definition of Public Nuisance

A public nuisance is defined as an act that causes harm to the public or obstructs the lawful
enjoyment of life or property by the general public. It can occur due to various activities, such as
pollution, obstruction of public roads, unlawful assemblies, or excessive noise.
Key Features of Public Nuisance:
 Impact on Public: The act must affect a community or the public at large, not just a
specific person or group.
 Unlawful Act: The activity causing the nuisance is typically prohibited by law or
regulations, either directly or indirectly.
 Interference with Rights: Public nuisance interferes with rights that the public has to
enjoy the use of public spaces or access essential services, like clean air or water.

2. Legal Provisions for Public Nuisance

Bhartiya Nyay Sanhita(BNS)
 Section 270 BNS defines public nuisance as:
o "A person is guilty of a public nuisance if the act or an omission causing the
nuisance is harmful to the public at large and is one that affects the safety, health,
comfort, or convenience of the general public."
 Section 271 BNS: This section deals with the negligent act that is likely to spread
infection of disease dangerous to life. This is often invoked in cases involving public
health nuisances, such as the improper disposal of waste or contaminated water.
 Section 279 BNS: Deals with causing water pollution, which can lead to public nuisance
due to contamination of public water resources.
Bhartiya nagrik surksha sanhitae (BNSS)
 Section 152 of BNSS empowers a magistrate to issue orders to prevent public nuisance.
If a nuisance is created in a public place, the magistrate can issue an order for its removal
or prevent the continuation of the activity.
 Section 163 BNSS allows the magistrate to issue an order to prevent a public nuisance in
urgent cases, prohibiting activities that could harm public peace or safety.
Environmental Protection Act, 1986
 Public nuisances related to environmental issues (such as pollution) are dealt with under
various sections of the Environmental Protection Act, which provides mechanisms to
prevent harmful activities that degrade public air, water, and land.

3. Examples of Public Nuisance

 Noise Pollution: Excessive noise from construction, loudspeakers, or vehicles that
disturbs public peace and health.
 Air Pollution: Emission of harmful gases and smoke from factories or vehicles affecting
public health.
  Obstruction of Public Roads: Unauthorized construction, dumping of waste, or other
obstructions on public roads, blocking access for the public.
 Unlawful Assembly: Assemblies or gatherings that disturb public peace or obstruct
public places.
 Water Contamination: Pollution of rivers, lakes, or other bodies of water that are used
by the public for drinking, bathing, or irrigation.

4. Remedies and Punishments for Public Nuisance

 Criminal Penalties: A person found guilty of public nuisance may face fines or
imprisonment as per the BNS.
 Injunctions: A court may issue an injunction, ordering the cessation of the activity that is
causing the nuisance.
 Compensation: Individuals or groups affected by public nuisances may seek
compensation through civil suits if the nuisance has caused harm or property damage.
 Administrative Orders: Local authorities, such as municipal corporations, can take
action to prevent or rectify public nuisances by enforcing zoning laws, issuing fines, or
closing establishments causing harm.

5. Judicial Interpretation and Case Laws

In various cases, courts have further clarified the scope of public nuisance:
 M.C. Mehta v. Union of India (1987): This landmark case expanded the understanding
of public nuisance to include environmental pollution. The Supreme Court emphasized
the government's duty to prevent public nuisances, especially in the context of air and
water pollution.
 Raj Kumar v. State (2000): In this case, the Delhi High Court held that noise pollution
caused by unauthorized use of loudspeakers constitutes a public nuisance, ordering the
authorities to take appropriate action.

Conclusion
A public nuisance is a widespread problem that affects the well-being of the public and can take
many forms, from noise pollution to environmental degradation. Legal frameworks, such as the
BNS, BNSS, and various environmental protection laws, provide measures to address these
issues and protect public rights. Public authorities and courts play a crucial role in ensuring that
the law is enforced to prevent harm to the community.
7. Maintenance of wives
Maintenance of Wives Under Indian Law
The issue of maintenance of wives in India is governed by various legal provisions aimed at
ensuring that a wife is financially supported by her husband during and after marriage. The law
addresses the need for maintenance when a wife is unable to maintain herself or is being
neglected by her husband.

1. Legal Provisions for Maintenance of Wives

a) Section 144 of bhartiya nagri suraksha sanhita(BNSS):
  Maintenance for wives: Under Section 144 of BNSS, a wife who is unable to maintain
herself can seek maintenance from her husband. The provision applies whether the wife
is divorced or still married.
 Conditions:
o The wife must prove that she is unable to maintain herself.
o The husband must have sufficient means to provide maintenance.
o The wife must not be living in adultery or separated by her own choice.
b) Hindu Adoption and Maintenance Act, 1956:
 For Hindus, the Hindu Adoption and Maintenance Act provides the legal framework
for maintenance, where a wife has a right to claim maintenance during the marriage and
even after divorce if she is unable to support herself.
o Section 18 of the Act specifically mandates that a husband has an obligation to
provide maintenance to his wife during the subsistence of the marriage, and after
the dissolution of the marriage, if the wife is not remarried.
c) Muslim Women (Protection of Rights on Divorce) Act, 1986:
 This Act provides maintenance for a wife after divorce, particularly addressing the
financial needs of Muslim women.
o Section 3 of this Act mandates that a Muslim husband is responsible for
providing maintenance to his wife for a period of iddat (approximately three
months) after divorce.
d) Domestic Violence Act, 2005:
 The Protection of Women from Domestic Violence Act, 2005 provides for
maintenance in cases of domestic violence. A wife can claim maintenance as part of a
protection order under this Act, especially when she is subjected to abuse or neglect.

2. Conditions for Maintenance

 Financial Condition of Husband: The husband must have the financial capacity to
provide maintenance. The court will assess the husband’s income and assets while
determining the amount.
 Wife’s Need for Maintenance: The wife must prove that she is unable to support
herself. This could include situations like unemployment, illness, or inability to earn.
 Marital Status: The wife must still be married to the husband unless she is seeking
maintenance after divorce under the appropriate legal provisions.
 Adultery or Desertion: A wife who engages in adultery or who voluntarily separates
without any valid reason might not be entitled to maintenance.

3. Process of Claiming Maintenance

1. Filing an Application: A wife can file an application for maintenance before a
Magistrate under Section 144 BNSS or before a Family Court. In the case of domestic
violence, an application can be filed under the Domestic Violence Act, 2005.
2. Court Proceedings: The court will examine the evidence presented by both parties,
including the husband’s income and the wife’s inability to maintain herself.
3. Interim Maintenance: If the wife is in urgent need, she can also apply for interim
maintenance, which the court can grant immediately while the main case is pending.
 4. Final Order: The court will pass a final order for maintenance after considering all
factors, including the husband's financial capacity and the wife's needs.

4. Amount of Maintenance
The maintenance amount varies based on the financial circumstances of both the husband and the
wife. The amount is usually a percentage of the husband’s income and is calculated with
consideration for:
 The needs of the wife.
 The living standard the wife is accustomed to.
 The husband's ability to pay.
 The wife’s age, health, and earning capacity.

5. Enforcement of Maintenance Orders

Once a maintenance order is passed, the husband is legally required to pay the maintenance. If
the husband fails to comply:
 The wife can approach the court for enforcement.
 The court can attach the husband's salary, properties, or other assets to recover the
maintenance amount.

6. Judicial Precedents
 Rajnesh v. Neha (2021): The Supreme Court provided important guidelines for the
calculation of maintenance, ensuring transparency and consistency in determining the
amount of maintenance. The ruling emphasized the need for a fair and just
determination of maintenance amounts.
 K.K. Verma v. State (2002): This case reinforced the right of a wife to claim
maintenance under Section 125 BNSS and clarified that a wife does not have to prove
fault or reason for the husband's inability to provide maintenance.

Conclusion
The maintenance of wives is a fundamental legal right in India, designed to protect women
from financial dependency and ensure their dignity and well-being. Various legal provisions like
Section 144 BNSS, the Hindu Adoption and Maintenance Act, and the Muslim Women
(Protection of Rights on Divorce) Act provide wives with avenues to seek financial support in
case of neglect or divorce. Courts evaluate these cases on the basis of the husband's ability to pay
and the wife's need, ensuring that the maintenance granted is fair and just.

8. Provision as to accused person of unsound mind

Provision for Accused Persons of Unsound Mind in Indian Law
The law provides specific provisions to ensure that a person who is of unsound mind at the time
of committing a crime, or during the trial, is treated appropriately. These provisions aim to
balance justice while also protecting the rights of the accused, particularly in cases where they
may not have the mental capacity to understand the nature of their actions or proceedings against
them.
1. Relevant Provisions Under Bhartiya Nyay Sanhita(BNS)
**Section 22 of the BNS - "Act of a Person of Unsound Mind":
 This section provides a legal defense for an accused person who, due to unsoundness of
mind, is unable to understand the nature of their act or the consequences of it. It states:
o A person is not criminally responsible for an act done if, at the time of the act,
they were incapable of understanding the nature of the act due to unsoundness of
mind.
o However, this plea of insanity must be supported by evidence that the accused
was suffering from a severe mental illness that prevented them from appreciating
the nature of the crime.
Section 22 also specifies that it is not enough for the accused to merely claim mental illness;
they must establish that the condition was severe enough to impair their capacity to
understand the nature of their actions. The court may require psychiatric evidence to
substantiate this claim.

2. Procedure When the Accused is Unsound of Mind

Section 346 of BNSS - Procedure When the Accused is Not Fit to Stand Trial:
 If the accused is found to be mentally unsound during the trial, Section 346 of bhartiya
nagri suraksha sanhita(BNSS) provides the procedure for dealing with such situations.
o If an accused person is unfit to stand trial due to mental illness, the court may
either:
 Postpone the trial until the accused recovers and is fit to stand trial.
 If recovery is unlikely, the court may order the accused to be kept in a
mental institution under appropriate care and supervision until they are
deemed fit for trial.
Section 369 of BNSS - Procedure in Case of an Insane Accused:
 This section allows a Magistrate to direct the transfer of the accused to a mental
health facility if the accused is found to be of unsound mind. The court will then review
the case periodically and decide whether the accused is fit to stand trial.

3. Mental Health Act, 1987 & Mental Healthcare Act, 2017

In addition to the BNS and BNSS provisions, the Mental Health Act of 1987 (repealed by the
Mental Healthcare Act of 2017) plays a crucial role in the management and treatment of
individuals with unsound minds in India.
Mental Healthcare Act, 2017:
 This act emphasizes the rights of persons with mental illness, providing better protection
for those suffering from unsoundness of mind. Under the Act, persons with mental
illness are entitled to treatment and care and cannot be subjected to harsh conditions or
treatments.
 The Act also requires that mental health professionals conduct assessments to
determine whether the accused can stand trial, thus ensuring that mentally ill individuals
are not unjustly punished for crimes they were unable to comprehend or control.
4. Judicial Precedents
Courts in India have dealt with various cases involving unsoundness of mind, establishing key
principles:
 R v. M’Naghten (1843): Though a British case, it has been influential in the Indian
context. The case laid down the M’Naghten Rule, stating that an individual is not
criminally responsible for their actions if, at the time of committing the crime, they were
suffering from a mental illness that rendered them incapable of understanding the nature
of the act.
 State of Madhya Pradesh v. Shambhu Lal (2002): In this case, the Supreme Court
emphasized the need for a thorough mental health assessment before determining the
fitness of an accused to stand trial, underscoring the importance of the accused’s mental
state in determining criminal responsibility.

5. The Role of Psychiatric Evaluation in the Legal Process

To determine whether the accused is of unsound mind, the court often relies on psychiatric
evaluations. A qualified psychiatrist conducts the evaluation to determine whether the individual
meets the criteria for unsoundness of mind. The psychiatrist's report plays a key role in deciding
whether the insanity defense can be raised.

6. Consequences of Plea of Insanity

 Acquittal on Grounds of Insanity: If an accused person successfully pleads insanity,
the court may acquit them, but they may be committed to a mental hospital for care and
treatment under the Mental Healthcare Act, 2017.
 Temporary Relief: If found temporarily insane, the accused may be provided with
medical treatment until they regain their mental faculties and are fit for trial.
 Permanent Disqualification: If an individual is found permanently mentally
incapacitated, they may not face criminal conviction but may be confined to a mental
institution for their own and public safety.

Conclusion
The law recognizes that persons suffering from unsoundness of mind at the time of committing
a crime may not be criminally responsible for their actions. Provisions under the Bhartiya Nyay
Sanhita(BNS), bhartiya nagri suraksha sanhita(BNSS), and the Mental Healthcare Act ensure
that such individuals are given appropriate treatment and care while safeguarding their rights.
The plea of insanity is a complex legal defense, requiring proper medical evaluation and careful
judicial scrutiny to determine whether the accused should face trial or be treated in a mental
institution.

9. Child welfare committee

Child Welfare Committee (CWC): Functions and Legal Framework
The Child Welfare Committee (CWC) plays a crucial role in the protection and care of
children in need, as mandated under Indian law. The committee is primarily responsible for
ensuring the safety and well-being of children who are in situations of neglect, abuse, or
exploitation, and for providing rehabilitative services in line with child protection laws.

1. Legal Framework
The Child Welfare Committee operates under the Juvenile Justice (Care and Protection of
Children) Act, 2015 (JJ Act), which provides the legal framework for the functioning of CWCs.
 Section 27 of the Juvenile Justice (Care and Protection of Children) Act mandates the
establishment of a CWC in each district of the country.
 The JJ Act sets out the role of the CWC in dealing with children in need of care and
protection, children in conflict with the law, and children who are victims of abuse,
trafficking, or exploitation.

2. Composition of the Child Welfare Committee

 The CWC is typically composed of five members, including a chairperson and four other
members, all of whom are appointed by the State Government.
 The members are selected based on their knowledge and experience in fields such as
child psychology, social work, law, or education.
 At least one member should have experience in child welfare or working with children in
need of care and protection.

3. Functions of the Child Welfare Committee

a) Child Protection:
The primary responsibility of the CWC is to ensure the care, protection, and rehabilitation of
children in need. This includes children who are abandoned, orphaned, or who have suffered
abuse.
b) Enquiry into Cases of Children in Need:
Under Section 31 of the JJ Act, the CWC conducts an inquiry into cases of children in need of
care and protection. This inquiry is conducted with a focus on the child's best interest.
c) Receiving Complaints:
The CWC receives complaints related to child abuse, trafficking, exploitation, or neglect and
takes action to intervene in such cases. They can issue orders for the temporary care and
custody of children and provide protection orders.
d) Placement of Children:
The CWC is responsible for deciding the placement of children in suitable institutions or foster
care after determining that a child needs care and protection. This may involve placement in
children’s homes, shelter homes, or rehabilitation centers.
e) Rehabilitation and Repatriation:
The committee ensures the rehabilitation and repatriation of children, particularly those who
have been trafficked, abused, or abandoned. It works to reunite children with their families
whenever possible, or provide alternative care if reunification is not feasible.
f) Regular Monitoring:
The CWC monitors the well-being of children in care, ensuring that their physical, emotional,
and educational needs are met. It also ensures that the child’s rights are upheld while in custody.

4. Role in Legal Proceedings

 The CWC plays a significant role in legal proceedings related to children. It acts as the
authority for deciding whether children should be released or placed in institutions,
depending on the situation.
 In cases where a child is in conflict with the law, the CWC may refer the case to the
Juvenile Justice Board (JJB), while continuing to look after the child’s welfare.
 The CWC also ensures that children involved in legal proceedings are protected from re-
victimization and that their privacy is maintained.

5. Powers of the CWC

 The CWC has the authority to issue orders for the immediate care, custody, and
protection of children, particularly in urgent situations.
 They can also recommend legal actions in cases of abuse or neglect and work with the
police to ensure the child's safety.
 The CWC may also recommend the closure of institutions or homes found to be
violating child protection standards.

6. Challenges and Issues

Despite the significant role of the CWC, challenges remain in its functioning:
 Understaffing: Many CWCs suffer from inadequate staffing and lack of resources,
which impacts their ability to deliver quality services.
 Capacity Building: Continuous training is needed for members of the CWC to ensure
that they are up-to-date with the latest legal standards and best practices in child welfare.
 Awareness and Accessibility: There is a need to increase awareness among the public
about the role of CWCs and how to approach them in cases of child abuse or neglect.

7. Conclusion
The Child Welfare Committee (CWC) is a pivotal institution in the protection and welfare of
children in India, as outlined under the Juvenile Justice (Care and Protection of Children)
Act, 2015. Through its various functions, such as investigating cases of child abuse, providing
shelter and care, and working towards the rehabilitation of children, the CWC plays a crucial role
in the child protection system. However, its effectiveness depends on the proper
implementation of laws, availability of resources, and coordination with other agencies involved
in child welfare.
10. Principle of Autrefois acquit and autrefois convict
Principle of Autrefois Acquit and Autrefois Convict
The legal principles of Autrefois Acquit and Autrefois Convict are important doctrines in
criminal law, designed to protect individuals from being tried or punished multiple times for the
same offense. These principles are rooted in the double jeopardy rule, which is fundamental to
ensuring fairness and protecting individuals from the risk of repeated prosecutions or
punishments for the same criminal conduct.

1. Autrefois Acquit (Previously Acquitted)

Autrefois Acquit refers to the principle that a person who has been acquitted (found not guilty)
of a criminal charge cannot be tried again for the same offense. This principle is grounded in
the concept of double jeopardy, which prevents a person from facing multiple trials for the
same act after they have been acquitted.
Key Features of Autrefois Acquit:
 Finality of Acquittal: Once a court acquits a defendant, they cannot be retried for the
same offense, even if new evidence comes to light or there is a change in circumstances.
 Legal Protection: This principle protects the finality of judgments, ensuring that once a
person is acquitted, they are not subject to further prosecution for that crime. It helps
avoid abuse of the legal system, where authorities could continuously charge someone to
wear them down.
 Exceptions: The principle of autrefois acquit may not apply if there is a manifest error
in the acquittal, or if it is discovered that the acquittal was based on a miscarriage of
justice (such as fraud or perjury).
Example:
 If a person is acquitted of murder due to lack of evidence, they cannot be retried for the
same murder charge based on the same facts, even if new evidence emerges later.
Legal Reference:
 Article 20(2) of the Constitution of India: This article guarantees protection against
double jeopardy, stating that no person shall be prosecuted or punished for the same
offense more than once.

2. Autrefois Convict (Previously Convicted)

Autrefois Convict refers to the principle that a person who has already been convicted (found
guilty) of a criminal offense cannot be tried again for the same offense. Essentially, it prevents
the prosecution from retrying an individual who has already been convicted and sentenced for a
particular crime.
Key Features of Autrefois Convict:
 Finality of Conviction: Once a conviction has been passed by a court, the person is
legally protected from facing another trial for the same offense.
 Purpose of Protection: The principle of autrefois convict ensures that once a person has
been found guilty, the punishment meted out is final, preventing multiple punishments
for the same crime.
 Appeals Process: If a conviction is appealed and overturned, the person cannot be
convicted again for the same offense unless there is a legitimate ground for retrial, such
as new charges or evidence.
Example:
 If a person is convicted of theft and serves a sentence for it, they cannot be tried again for
the same theft offense, even if new facts emerge about the crime.
Legal Reference:
 Similar to autrefois acquit, the Bhartiya Nyay Sanhita(BNS) under Section 300
provides that a person cannot be prosecuted or punished for the same offense twice,
reinforcing the principle of autrefois convict.

3. Application in Indian Law

In Indian criminal law, the principle of Autrefois Acquit and Autrefois Convict is rooted in
Article 20(2) of the Constitution of India, which safeguards an individual’s right to be free
from double jeopardy. This constitutional provision ensures that no person can be prosecuted or
punished more than once for the same offense.
 Example Case: In the case of K. K. Verma v. State of Delhi (1956), the Supreme Court
of India reinforced the principle of double jeopardy, ruling that a person could not be
tried again for the same offense after acquittal or conviction.

4. Conclusion
Both Autrefois Acquit and Autrefois Convict are essential principles that serve to uphold the
fairness of legal proceedings, ensuring that individuals are not subject to multiple prosecutions
or punishments for the same crime. These principles reflect the fundamental concept of finality
of judgment, which is essential for maintaining public confidence in the criminal justice system
and protecting individuals from the arbitrary exercise of power by the state.