BNSS (1) Flashcards
1
Short title, extent and commencement
2
Definitions
3
Construction of references
4
Trial of offences under Bhartiya Nyaya Sanhita and other laws
5
Saving
6
Classes of Criminal Courts
7
Territorial divisions
8
Court of Session
9
Courts of Judicial Magistrates
10
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
11
Special Judicial Magistrates
12
Local jurisdiction of Judicial Magistrates
13
Subordination of Judicial Magistrates
14
Executive Magistrates
15
Special Executive Magistrates
16
Local Jurisdiction of Executive Magistrates
17
Subordination of Executive Magistrates
18
Public Prosecutors
19
Assistant Public Prosecutors
20
Directorate of Prosecution
21
Courts by which offences are triable
22
Sentences which High Courts and Sessions Judges may pass
23
Sentences which Magistrates may pass
24
Sentence of imprisonment in default of fine
25
Sentence in cases of conviction of several offences at one trial
26
Mode of conferring powers
27
Powers of officers appointed
28
Withdrawal of powers
29
Powers of Judges and Magistrates exercisable by their successors-in-office
30
Powers of superior officers of police
31
Public when to assist Magistrates and police
32
Aid to person, other than police officer, executing warrant
33
Public to give information of certain offences
34
Duty of officers employed in connection with the affairs of a village to make certain
35
When policemay arrest without warrant
36
Procedure of arrest and duties of officer making arrest
37
Designated Police Officer
38
Right of arrested person to meet an advocate of his choice during interrogation
39
Arrest on refusal to give name and residence
40
Arrest by private person and procedure on such arrest
41
Arrest by Magistrate
42
Protection of members of the Armed Forces from arrest
43
Arrest how made
44
Search of place entered by person sought to be arrested
45
Pursuit of offenders into other jurisdictions
46
No unnecessary restraint
47
Person arrested to be informed of grounds of arrest and of right to bail
48
Obligation of person making arrest to inform about the arrest, etc
49
Search of arrested person
50
Power to seize offensive weapons
51
Examination of accused by medical practitioner at the request of police officer
52
Examination of person accused of rape by medical practitioner
53
Examination of arrested person by medical officer
54
Identification of person arrested
55
Procedure when police officer deputes subordinate to arrest without warrant
56
Health and safety of arrested person
57
Person arrested to be taken before Magistrate or officer in charge of police station
58
Person arrested not to be detained more than twenty-four hours
59
Police to report apprehensions
60
Discharge of person apprehended
61
Power, on escape, to pursue and retake
62
Arrest to be made strictly according to the Sanhita
A
—Summons
63
Form of summons
64
Summons how served
65
Service of summons on corporate bodies, firms, and societies
66
Service when persons summoned cannot be found
67
Procedure when service cannot be effected as before provided
68
Service on Government servant
69
Service of summons outside local limits
70
Proof of service in such cases and when serving officer not present
71
Service of summons on witness by post
B
—Warrant of arrest
72
Form of warrant of arrest and duration
73
Power to direct security to be taken
74
Warrants to whom directed
75
Warrant may be directed to any person
76
Warrant directed to police officer
77
Notification of substance of warrant
78
Where warrant may be executed
79
Where warrant may be executed
80
Warrant forwarded for execution outside jurisdiction
81
Warrant directed to police officer for execution outside jurisdiction
82
Procedure on arrest of person against whom warrant issued
83
Procedure by Magistrate before whom such person arrested is brought
C
—Proclamation and attachment
84
Proclamation for person absconding
85
Attachment of property of person absconding
86
Identification and attachment of property of proclaimed person
87
Claims and objections to attachment
88
Release, sale and restoration of attached property
89
Appeal from order rejecting application for restoration of attached property
D
—Other rules regarding processes
90
Issue of warrant in lieu of, or in addition to, summons
91
Power to take bond for appearance
92
Arrest on breach of bond for appearance
93
Provisions of this Chapter generally applicable to summonses and warrants of arrest
A
—Summons to produce
94
Summons to produce document or other thing
95
Procedure as to letters and telegrams
B
—Search-warrants
96
When search-warrant may be issued
97
Search of place suspected to contain stolen property, forged documents, etc
98
Power to declare certain publications forfeited and to issue search-warrants for the
99
Application to High Court to set aside declaration of forfeiture
100
Search for persons wrongfully confined
101
Power to compel restoration of abducted females
102
Direction, etc, of search-warrants
103
Persons in charge of closed place to allow search
104
Disposal of things found in search beyond jurisdiction
C
—Miscellaneous
105
Recording of search and seizure through audio-video electronic means
106
Power of police officer to seize certain property
107
Attachment, forfeiture or restoration of property
108
Magistrate may direct search in his presence
109
Power to impound document, etc, produced
110
Reciprocal arrangements regarding processes
111
Definitions
112
Letter of request to competent authority for investigation in a country or place
113
Letter of request from a country or place outside India to a Court or an authority for
114
Assistance in securing transfer of persons
115
Assistance in relation to orders of attachment or forfeiture of property
116
Identifying unlawfully acquired property
117
Seizure or attachment of property
118
Management of properties seized or forfeited under this Chapter
119
Notice of forfeiture of property
120
Forfeiture of property in certain cases
121
Fine in lieu of forfeiture
122
Certain transfers to be null and void
123
Procedure in respect of letter of request
124
Application of this Chapter
125
Security for keeping the peace on conviction
126
Security for keeping the peace in other cases
127
Security for good behaviour from persons disseminating seditious matters
128
Security for good behaviour from suspected persons
129
Security for good behaviour from habitual offenders
130
Order to be made
131
Procedure in respect of person present in Court
132
Summons or warrant in case of person not so present
133
Copy of order to accompany summons or warrant
134
Power to dispense with personal attendance
135
Inquiry as to truth of information
136
Order to give security
137
Discharge of person informed against
138
Commencement of period for which security is required
139
Contents of bond
140
Power to reject sureties
141
Imprisonment in default of security
142
Power to release persons imprisoned for failing to give security
143
Security for unexpired period of bond
144
Order for maintenance of wives, children and parents
145
Procedure
146
Alteration in allowance
147
Enforcement of order of maintenance
A
—Unlawful assemblies
148
Dispersal of assembly by use of civil force
149
Use of armed forces to disperse assembly
150
Power of certain armed force officers to disperse assembly
151
Protection against prosecution for acts done under sections 148, 149 and
B
—Public nuisances
152
Conditional order for removal of nuisance
153
Service or notification of order
154
Person to whom order is addressed to obey or show cause
155
Consequences of his failing to do so
156
Procedure where existence of public right is denied
157
Procedure where he appears to show cause
158
Power of Magistrate to direct local investigation and examination of an expert
159
Power of Magistrate to furnish written instructions, etc
160
Procedure on order being made absolute and consequences of disobedience
161
Injunction pending inquiry
162
Magistrate may prohibit repetition or continuance of public nuisance
C
—Urgent cases of nuisance or apprehended danger
163
Power to issue order in urgent cases of nuisance or apprehended danger
D
—Disputes as to immovable property
164
Procedure where dispute concerning land or water is likely to cause breach of peace
165
Power to attach subject of dispute and to appoint receiver
166
Dispute concerning right of use of land or water
167
Local inquiry
168
Police to prevent cognizable offences
169
Information of design to commit cognizable offences
170
Arrest to prevent the commission of cognizable offences
171
Prevention of injury to public property
172
Persons bound to conform to lawful directions of police
173
Information in cognizable cases
174
Information as to non-cognizable cases and investigation of such cases
175
Police officer’s power to investigate cognizable case
176
Procedure for investigation
177
Report how submitted
178
Power to hold investigation or preliminary inquiry
179
Police officer’s power to require attendance of witnesses
180
Examination of witnesses by police
181
Statements to police not to be signed: Use of statements in evidence
182
No inducement to be offered
183
Recording of confessions and statements
184
Medical examination of the victim of rape
185
Search by police officer
186
When officer in charge of police station may require another to issue search-warrant
187
Procedure when investigation cannot be completed in twenty-four hours
188
Report of investigation by subordinate police officer
189
Release of accused when evidence deficient
190
Cases to be sent to Magistrate, when evidence is sufficient
191
Complainant and witnesses not to be required to accompany police officer and not
192
Diary of proceedings in investigation
193
Report of police officer on completion of investigation
194
Police to enquire and report on suicide, etc
195
Power to summon persons
196
Inquiry by Magistrate into cause of death
197
Ordinary place of inquiry and trial
198
Place of inquiry or trial
199
Offence triable where act is done or consequence ensues
200
Place of trial where act is an offence by reason of relation to other offence
201
Place of trial in case of certain offences
202
Offences committed by means of electronic communications, letters, etc
203
Offence committed on journey or voyage
204
Place of trial for offences triable together
205
Power to order cases to be tried in different sessions divisions
206
High Court to decide, in case of doubt, district where inquiry or trial shall take place
207
Power to issue summons or warrant for offence committed beyond local jurisdiction
208
Offence committed outside India
209
Receipt of evidence relating to offences committed outside India
210
Cognizance of offences by Magistrates
211
Transfer on application of the accused
212
Making over of cases to Magistrates
213
Cognizance of offences by Courts of Session
214
Additional Sessions Judges to try cases made over to them
215
Prosecution for contempt of lawful authority of public servants, for offences against
216
Procedure for witnesses in case of threatening, etc
217
Prosecution for offences against the State and for criminal conspiracy to commit
218
Prosecution of Judges and public servants
219
Prosecution for offences against marriage
220
Prosecution of offences under section 498A of the Bhartiya Nyaya Sanhita,
221
Cognizance of offence
222
Prosecution for defamation
223
Examination of complainant
224
Procedure by Magistrate not competent to take cognizance of the case
225
Postponement of issue of process
226
Dismissal of complaint
227
Issue of process
228
Magistrate may dispense with personal attendance of accused
229
Special summons in cases of petty offence
230
Supply to the accused of copy of police report and other documents
231
Supply of copies of statements and documents to accused in other cases triable by
232
Commitment of case to Court of Session when offence is triable exclusively by it
233
Procedure to be followed when there is a complaint case and police investigation in
A
—Form of charges
234
Contents of charge
235
Particulars as to time, place and person
236
When manner of committing offence must be stated
237
Words in charge taken in sense of law under which offence is punishable
238
Effect of errors
239
Court may alter charge
240
Recall of witnesses when charge altered
241
Separate charges for distinct offences
242
Offences of same kind within year may be charged together
243
Trial for more than one offence
244
Where it is doubtful what offence has been committed
245
When offence proved included in offence charged
246
What persons may be charged jointly
247
Withdrawal of remaining charges on conviction on one of several charges
248
Trial to be conducted by Public Prosecutor
249
Opening case for prosecution
250
Discharge
251
Framing of charge
252
Conviction on plea of guilty
253
Date for prosecution evidence
254
Evidence for prosecution
255
Acquittal
256
Entering upon defence
257
Arguments
258
Judgment of acquittal or conviction
259
Previous conviction
260
Procedure in cases instituted under section 223(1)
A
—Cases instituted on a police report
261
Compliance with section
262
When accused shall be discharged
263
Framing of charge
264
Conviction on plea of guilty
265
Evidence for prosecution
266
Evidence for defence
B
—Cases instituted otherwise than on police report
267
Evidence for prosecution
268
When accused shall be discharged
269
Procedure where accused is not discharged
270
Evidence for defence
C
-Conclusion of trial
271
Acquittal or conviction
272
Absence of complainant
273
Compensation for accusation without reasonable cause
274
Substance of accusation to be stated
275
Conviction on plea of guilty
276
Conviction on plea of guilty in absence of accused in petty cases
277
Procedure when not convicted
278
Acquittal or conviction
279
Non-appearance or death of complainant
280
Withdrawal of complaint
281
Power to stop proceedings in certain cases
282
Power of Court to convert summons-cases into warrant-cases
283
Power to try summarily
284
Summary trial by Magistrate of the second class
285
Procedure for summary trials
286
Record in summary trials
287
Judgment in cases tried summarily
288
Language of record and judgment
289
Application of the Chapter
290
Application for plea bargaining
291
Guidelines for mutually satisfactory disposition
292
Report of the mutually satisfactory disposition to be submitted before the Court
293
Disposal of the case
294
Judgment of the Court
295
Finality of the judgment
296
Power of the Court in plea bargaining
297
Period of detention undergone by the accused to be set off against the sentence of
298
Savings
299
Statements of accused not to be used
300
Non-application of the Chapter
301
Definitions
302
Power to require attendance of prisoners
303
Power of State Government or Central Government to exclude certain persons from
304
Officer in charge of prison to abstain from carrying out order in certain contingencies
305
Prisoner to be brought to Court in custody
306
Power to issue commission for examination of witness in prison
A
—Mode of taking and recording evidence
307
Language of Courts
308
Evidence to be taken in presence of accused
309
Record in summons-cases and inquiries
310
Record in warrant-cases
311
Record in trial before Court of Session
312
Language of record of evidence
313
Procedure in regard to such evidence when completed
314
Interpretation of evidence to accused or his pleader
315
Remarks respecting demeanour of witness
316
Record of examination of accused
317
Interpreter to be bound to interpret truthfully
318
Record in High Court
B
-Commissions for the examination of witnesses
319
When attendance of witness may be dispensed with and commission issued
320
Commission to whom to be issued
321
Execution of commissions
322
Parties may examine witnesses
323
Return of commission
324
Adjournment of proceeding
325
Execution of foreign commissions
326
Deposition of medical witness
327
Identification report of Magistrate
328
Evidence of officers of the Mint
329
Reports of certain Government scientific experts
330
No formal proof of certain documents
331
Affidavit in proof of conduct of public servants
332
Evidence of formal character on affidavit
333
Authorities before whom affidavits may be sworn
334
Previous conviction or acquittal how proved
335
Record of evidence in absence of accused
336
Evidence of public servants, experts, police officers in certain cases
337
Person once convicted or acquitted not to be tried for same offence
338
Appearance by Public Prosecutors
339
Permission to conduct prosecution
340
Right of person against whom proceedings are instituted to be defended
341
Legal aid to accused at State expense in certain cases
342
Procedure when corporation or registered society is an accused
343
Tender of pardon to accomplice
344
Power to direct tender of pardon
345
Trial of person not complying with conditions of pardon
346
Power to postpone or adjourn proceedings
347
Local inspection
348
Power to summon material witness, or examine person present
349
Power of Magistrate to order person to give specimen signatures or handwriting
350
Expenses of complainants and witnesses
351
Power to examine the accused
352
Oral arguments and memorandum of arguments
353
Accused person to be competent witness
354
No influence to be used to induce disclosure
355
Provision for inquiries and trial being held in the absence of accused in certain
356
Inquiry, trial or judgment in absentia of proclaimed offender
357
Procedure where accused does not understand proceedings
358
Power to proceed against other persons appearing to be guilty of offence
359
Compounding of offences
360
Withdrawal from prosecution
361
Procedure in cases which Magistrate cannot dispose of
362
Procedure when, after commencement of inquiry or trial, Magistrate finds case should
363
Trial of persons previously convicted of offences against coinage, stamp-law or
364
Procedure when Magistrate cannot pass sentence sufficiently severe
365
Conviction or commitment on evidence partly recorded by one Magistrate and
366
Court to be open
367
Procedure in case of accused being person with mental illness
368
Procedure in case of person with mental illness tried before Court
369
Release of person with mental illness pending investigation or trial
370
Resumption of inquiry or trial
371
Procedure on accused appearing before Magistrate or Court
372
When accused appears to have been of sound mind
373
Judgment of acquittal on ground of mental illness
374
Person acquitted on such ground to be detained in safe custody
375
Power of State Government to empower officer-in-charge to discharge
376
Procedure where prisoner with mental illness is reported capable of making his
377
Procedure where person with mental illness detained is declared fit to be released
378
Delivery of person with mental liabilities to care of relative or friend
379
Procedure in cases mentioned in section
380
Appeal
381
Power to order costs
382
Procedure of Magistrate taking cognizance
383
Summary procedure for trial for giving false evidence
384
Procedure in certain cases of contempt
385
Procedure where Court considers that case should not be dealt with under section
386
When Registrar or Sub-Registrar to be deemed a Civil Court
387
Discharge of offender on submission of apology
388
Imprisonment or committal of person refusing to answer or produce document
389
Summary procedure for punishment for non-attendance by a witness in obedience
390
Appeals from convictions under sections 383, 384, 388 and
391
Certain Judges and Magistrates not to try certain offences when committed before
392
Judgment
393
Language and contents of judgment
394
Order for notifying address of previously convicted offender
395
Order to pay compensation
396
Victim compensation scheme
397
Treatment of victims
398
Witness protection scheme
399
Compensation to persons groundlessly arrested
400
Order to pay costs in non-cognizable cases
401
Order to release on probation of good conduct or after admonition
402
Special reasons to be recorded in certain cases
403
Court not to alter judgment
404
Copy of judgment to be given to the accused and other persons
405
Judgment when to be translated
406
Court of Session to send copy of finding and sentence to District Magistrate
407
Sentence of death to be submitted by Court of Session for confirmation
408
Power to direct further inquiry to be made or additional evidence to be taken
409
Power of High Court to confirm sentence or annul conviction
410
Confirmation or new sentence to be signed by two Judges
411
Procedure in case of difference of opinion
412
Procedure in cases submitted to High Court for confirmation
413
No appeal to lie unless otherwise provided
414
Appeal from orders requiring security or refusal to accept or rejecting surety for
415
Appeals from convictions
416
No appeal in certain cases when accused pleads guilty
417
No appeal in petty cases
418
Appeal by the State Government against sentence
419
Appeal in case of acquittal
420
Appeal against conviction by High Court in certain cases
421
Special right of appeal in certain cases
422
Appeal to Court of Session how heard
423
Petition of appeal
424
Procedure when appellant in jail
425
Summary dismissal of appeal
426
Procedure for hearing appeals not dismissed summarily
427
Powers of the Appellate Court
428
Judgments of Subordinate Appellate Court
429
Order of High Court on appeal to be certified to lower Court
430
Suspension of sentence pending the appeal; release of appellant on bail
431
Arrest of accused in appeal from acquittal
432
Appellate Court may take further evidence or direct it to be taken
433
Procedure where Judges of Court of Appeal are equally divided
434
Finality of judgments and orders on appeal
435
Abatement of appeals
436
Reference to High Court
437
Disposal of case according to decision of High Court
438
Calling for records to exercise powers of revision
439
Power to order inquiry
440
Sessions Judge’s powers of revision
441
Power of Additional Sessions Judge
442
High Court’s powers of revision
443
Power of High Court to withdraw or transfer revision cases
444
Option of Court to hear parties
445
Statement by Magistrate of grounds of his decision to be considered by High Court
446
High Court’s order to be certified to lower Court
447
Power of Supreme Court to transfer cases and appeals
448
Power of High Court to transfer cases and appeals
449
Power of Sessions Judge to transfer cases and appeals
450
Withdrawal of cases and appeals by Session Judge
451
Withdrawal of cases by Judicial Magistrate
452
Making over or withdrawal of cases by Executive Magistrates
453
Reasons to be recorded
A
—Death Sentences
454
Execution of order passed under section
455
Execution of sentence of death passed by High Court
456
Postponement of execution of sentence of death in case of appeal to Supreme Court
457
Postponement of capital sentence on pregnant woman
B
—Imprisonment
458
Power to appoint place of imprisonment
459
Execution of sentence of imprisonment
460
Direction of warrant for execution
461
Warrant with whom to be lodged
C
—Levy of fine
462
Warrant for levy of fine
463
Effect of such warrant
464
Warrant for levy of fine issued by a Court in any territory to which this Sanhita does
465
Suspension of execution of sentence of imprisonment
D
—General provisions regarding execution
466
Who may issue warrant
467
Sentence on escaped convict when to take effect
468
Sentence on offender already sentenced for another offence
469
Period of detention undergone by the accused to be set off against the sentence of
470
Saving
471
Return of warrant on execution of sentence
472
Money ordered to be paid recoverable as a fine
473
Mercy Petition in death sentence cases
474
Power to suspend or remit sentences
475
Power to commute sentence
476
Restriction on powers of remission or commutation in certain cases
477
Concurrent power of Central Government in case of death sentences
478
State Government to act after concurrence with Central Government in certain cases
479
Bail and bond
