BNSS 2023

BHARARHIYA NAGARIK SURAKSHA SANHITHA

SHORT NOTES
1.WHAT IS THE OBJECT OF Cr.P.C?
2.Cognizable and non- Cognizable offences * ***

3. Investigation : *****

 The term ‘Investigation’ has been defined under section 2(1)(l) of BNSS.
 According to clause (l) of sec2(1) –
 “Investigation includes all the proceedings under the Sanhitha for the collection
of evidence conducted by a Police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf.
 Investigation consists of steps taken by a police officer or any other person so
empowered/authorized (other than a Magistrate) – to ascertain whether any
offence has been committed at all and if so, by whom and what is the evidence
on which the Prosecution can be based.
 Thus, investigation is a process for ascertainment of facts related to an alleged
offence, and it includes all the proceedings and steps taken by a Police officer or
some other person duly authorized for collecting evidence.
 It may be mentioned in this context that the power to investigate is not conferred
on every Police officer.
 Only on O.C. of a P S on any other officer of a higher rank has been empowered
by the Sanhitha to investigate – vide Section 175 of BNSS.
 It may be noted have that here that considering the nature and gravity of the
offence the superintendent of Police may require the Deputy Superintendent of
Police to investigate the case – vide Proviso to section 175(1).
 It may be noted here that the distinction between ‘Cognizable and Non
Cognizable’ offences demarcates the powers of the Police in respect of criminal
investigations.
 While the Police have the power and also the duty., to investigate into all
‘Cognizable offences’ acting (suomoto), even without an order of Magistrate –
vide sec 175(1) they are however not empowered to investigate Non-cognizable
offences without the order or prior sanction of a Magistrate – vide sec 174(2).
  The Supreme Court has viewed that investigation of an offence generally consists
of –
(i) Proceedings to the spot that is the Police officer must visit the place of
occurrence of the offence carrying with him a case diary.
(ii) Ascertainment of the fact and the circumstances of the case.
(iii) Discovery and recovery of articles and the arrest of the suspected offender
(with or without warrant as the case may be).
(iv) Collection of evidence relating to the commission of the offence which may
consist of –
(a) The examination of various persons – such as the accused, witness, victim.
Examination of witness by Police is covered by Sec 180 (Chapter XIII) of
BNSS.
Whereas examination including medical examination of accused and the
victim by a medical practitioner at the request of the investigating Police
officer is embodied in Ss 51, 52 and 53 (of chapter V of BNSS).
(b) Reducing the statements of various persons, accused into writing – vide sec
181 of BNSS.
(c) The search of any place on seizure of things considered necessary for the
investigations and to be produced at the trial as relevant evidence – vide
chapter VII of BNSS.

(v) Formation of the opinion as to whether on the material collected there is a

case to place the accused before a Magistrate/ Court of trial.
 The investigations is concluded by the drawing up of the “ Final Police
Report”( also known as “ completion report” or the “ Charge sheet”) by the
Police officer (the investigating officer) and submission of the same to the
Magistrate for his perusal.
 There is an Explanation appended to Sec 2(1)(l).
 According to the Explanation, where any of the Provision of a special Act (Ex –
POCSO, NDPS, PMLA) are inconsistent with the provisions of this (with respect to
investigation and incidental proceedings) the Provisions of the Special Act shall
prevail (i.e., with be more dominant and will have an overriding effect).

4.Inquiry and Trail :

Inquiry- vide section 2(1)(k)
 There are three distinct stages of every criminal proceeding, viz – Investigation,
Inquiry and Trail – in that order generally speaking.
 Section 2(1)(k) defines inquiry to mean every inquiry, other than a trial,
conducted under this Sanhitha – by a Magistrate or Court.
 Interpreting the definition of the term ‘Inquiry’ use may say that it is a type of
proceeding conducted under this Sanhitha by a Magistrate or Court prior to the
trial stage.
 Inquiry includes everything done by a Magistrate while proceeding with a case
prior to its trial, in order to ascertain the truth of the fact.
 The object of inquiry proceeding which in essence is “INQUISITORIAL” in nature,
to find and determine the truth vis-à-vis allegation (as contained in the charge
sheet) in order to take further action.
 The term ‘Inquiry’ has wide and comprehensive meaning.
 It was held in
ALIM & OTHERS Vs TAUFIA & OTHERS (AIR 1982, ALLAHABAD)
That all those proceedings before a Magistrate prior to the framing of a change
which do not result in conviction can be treated as inquiry.
 Before a trial commences, a formal charge is to be framed or drown up by the
Magistrate or trial court against the accused after the inquiry stage is over.
 This is what is known as “Framing of Charge”.
Trial :

5. Functions under the code

6. Legal Aid*
7. Summons cases, Warrant cases : ******
8. Case Diary
9. Juvenile Delinquency
10. Discharge and Acquittal
11. Fair Trail *
12. Non-Bailable offence: *
13. Parole: ****
14. Review:
15. Probation: **
16. Charge : ****

Charge simply means ‘accusation’.

A charge is a formal recognition of concrete accusations by a magistrate or a court based
upon a complaint or information against the accused.
A charge drawn up by a court only when the court is satisfied by the prima facie
evidence against the accused.
The basic idea behind a charge is to made the accused understand what exactly he is
accused of so that he can defend himself.
17. Anticipatory bail : *
18. General Diary :
19. Compoundable offences : * *
20. Trail : *
21. Bond:
22. F.I.R. *
23. Accused Person:
24. Public Prosecutor: *
25. Juvenile:
26. Bail:
27. Procedure *
28. Arrest : ***
29. Search: **
30. Evidentiary value: *
31. Judgement: *
32. Seizure: *
33. Plea Bargaining : *
34. Unlawful Assembly :
35 : Search warrant:
36. Metropolitan Magistrate :
37. Juvenile Offender :
38. Warrant :
39. Assistant Public Prosecutor :
40. Defense Counsel : *
41. Offender:
42. Complaint :
43. Maintenance of aged parents:
44. Juvenile Home :
45. Sessions Court:
46. Classes of Criminal Courts :
47. Sentencing in Criminal Trails :
48. Powers of Criminal Courts:
49. Role of surities :
50. Production of things :
51. Bail and non bailable offences :
52. Maintenance of Children :
53. Ground of arrest :*
54. Inquest :
55. Withdrawal of complaint : *
56. Accomplice :
57. Adversary system:
58. Summary Trail :
59. Public Nuisance:
LONG QUESTIONS:

1. Discuss the rights of the arrested person under criminal procedure code. *
2. State briefly the procedure to be followed in the trial of session’s case.
3. Explain the importance of F.I.R. and state its evidentiary value.
4. Who are the persons entitled to maintenance under the code of criminal
procedure. ***
5. Discuss the powers and functions of criminal courts constituted under Criminal
Procedure Code. **
6. Under what circumstances a search warrant can issued by the court? Explain
the procedure for conducting a ‘search’. *
7. What is the law of ‘confession’? at what stage such confession can be recorded?
8. Explain the salient features of Juvenile justice system. *
9. Define Trail. Briefly explain the trail procedure before a Court of Session. *
10. Define Charge. “For every offence, there shall be a separate charge and every
such charge shall be tried separately”. State exceptions if any to this principle. *
11. Explain the salient features of Probation of Offenders act. ***
12. Explain the concept of fair trail and constitutional interpretation. *
13. Explain the steps to ensure accused presence at trail in warrant and summons
cases. *
14. Explain the meaning of parole and the procedure for granting parole. *
15. Briefly explain the powers of Magistrate powers to take cognizance of an
offence.
16. Define Arrest. Briefly explain under what circumstances a police officer can
arrest a person without a warrant. *
17. Explain the procedure of releasing the offender under The probation of
Offenders Act 1958.
18. Explain law relating to Bail.
19. Explain the law relating to ‘Search’ and ;Seizure’ under Criminal Procedure
Code. 1973.***
20. What is an Anticipatory Bail? Under what circumstances it can be granted?
21. Explain the special procedure provided for the treatment and rehabilitation of
Juveniles under the Juvenile Justice (Care and Protection of Children) Act,
2015.**
 22. Discuss the jurisprudence of Arrest developed by Indian Judiciary?
23. Explain the distinction between complaint and First Information Report.
24.

Part C: 2017
QUE 15:
‘Z’ is arrested by a private person. He is detained for three days and then handed over
to nearest police officer. Examine the validity of the arrest.
ANS

QUE 16:
Savitha stated in the FIR that Rajesh killed Mahesh. But at the time of the trial she said
that she could not identify Rajesh. What can be done?
ANS:

QUE 17:
‘X’ house was searched by police without warrant . ‘X’ raised an object that the search
is illegal as nothing could be traced from his house. Is the search legal or illegal?
ANS:

QUE 18 :
‘X’ a woman. Who is sentenced to death is found to be pregnant. Advise ‘X’
ANS:

YEAR 2018

QUE 15:
A Police officer warned B orally not to leave the house. B termed it as ‘arrest’. Decide.

ANS

QUE 16:
X is the second wife of’ Y’. ‘X’ is unable to maintain herself because of ill health. When
X claimed maintenance from Y. Y refused to PAY maintenance. Decide.
ANS:
QUE 17:
‘A’ a policeman entered into ‘B’ house without warrant and searched premises. He
seized some illegal material from B’s house. What remedy is available to ‘B’? suggest.
ANS:

QUE 18:
‘X’ was travelling in a train and committed an offence of theft of the property of Y in
the same compartment between Tirupati and Vishakhapatnam but detected in
Vijayawada. Discuss the place of jurisdiction for complaint to be filed.
ANS:

YEAR 2019: 100m

QUE 15:
X is the second wife of’ Y’. ‘X’ is unable to maintain herself because of ill health. When
X claimed maintenance from Y. Y refused to PAY maintenance. Decide.

ANS:

QUE 16:
‘P’ is convicted for the offence of murder and sentenced to life imprisonment. But, ‘P’
is not heard on the sentence. ‘P’ challenged the sentence on that ground. Decide.
ANS:

QUE 17:
‘A’ was arrested by the police and kept in illegal custody for 7 days. What are the
remedies available against the police officers who kept ‘A’ in illegal custody?
ANS:

QUE 18:
‘Z’ is arrested by a private person. ‘Z’ is detained for three days and then he is handed
over to the nearest police station. Examine the validity of the arrest.

ANS:

YEAR 2020: 100m

QUE 15:
‘A’ a Muslim woman and her child were neglected by ‘Y’ her husband and married
another woman. X wants to seek remedy under sec 125 Cr.P.C. advise.
ANS:

QUE 16:
‘Z’ had been tried for causing grievous hurt to ‘P’ and ‘T’ and was convicted for the
same. After some time ‘P’ died. Can ‘T’ be tried for culpable homicide.
ANS:
QUE 17:
‘A’ a juvenile is in the custody of ‘Z’. ‘Z’ exploits ‘A’s services and involved him in doing
domestic work. What action can be initiated against ‘Z’
ANS:

QUE 18:
‘A’ aged about 15 years, steals ‘C’ s wrist watch he was punished with one year
imprisonment. Can he take the advantage of probation under the Probation of
Offender’s Act, 1958. Give reasons.

ANS:

YEAR 2021 70M

QUE 15 :
‘X’ is alleged to have committed the offence of Assault on 01-01-2015, charge sheet
was filed on 31-12-2019 by the police. Explain the validity of the Charge Sheet.
ANS:

QUE 16 :
‘X’ s house was searched by police without a warrant. ‘X’ has raised an object staing
that the search was illegal as nothing is traced from his house by the police.
ANS:

QUE 17:
‘A’is convicted for the offence of murder. ‘A’ is awarded the sentence without being
asked about the same. Explain the law validity of the sentence given by the court.
ANS:
QUE 18 :
‘Z’ is arrested by a private person. ‘Z’ is detained for three days and then was handed
over to the nearest police officer. Explain the validity of the arrest.
ANS:

YEAR 2021 70 M SUPPLEMENTARY

QUE 15:
X A Muslim women and her child were neglected by “Y” her husband and married
another women. X wants to seek remedy under sec 125 CRPC. Advise.
ANS:

QUE 16:
‘Z’ had tried for causing grievous hurt to ‘P’ and ‘T’ and was convicted for the same.
After some time ‘P’ died. Can ‘T’ be tried for culpable Homicide.
ANS:

QUE 17:
‘A’ a juvenile is in the custody of “Z”. ‘Z’ exploits ‘A’ a services and involved him in
doing domestic work. What action can be initiated against ‘Z’.
ANS:

QUE 18:
‘A’ aged about 15 years , steals “C” wrist watch for which ha was punished with one
year imprisonment. Can he take the advantage of probation under the probation of
offenders Act 1958? Give Reasons.
ANS:
Year 2021 100m

QUE 18:
‘X’ is tried for causing grievous hurt to ‘Y’ and ‘X’ is convicted for the same.
Subsequently ‘Y’ died of the hurt. Can ‘X’be tried for culpable homicide?
ANS:

QUE 16:
‘Z’ a young person of 19 years of age is convicted for the offence of murder. He has
committed the offence for the first time. Can ‘X’ be released on Probation?
ANS:

QUE 17:
‘X is alleged to have committed the offence of assault on 16-01-2016, charge sheet was
filed on 19-05-2019. Explain the validity of the Charge Sheet.
ANS:

QUE 18:
‘A’ s house was searched by police officer under suspicion of smuggled property
without Search Warrant. ‘A’ rises an objection that it is a politically motivated and
illegal as nothing is found in ‘A’ s house. Decide the validity and legality of the search
made by the police.
ANS:

YEAR 2022 100m

QUE 15:
‘A’ stated in the FIR that a Fair and tall person killed ‘Y’. But, at the time of trail
proceedings ‘A’ stated that a black and short person killed ‘Y’. Briefly explain the
admissibility of the statements given by ‘A’.
ANS:

QUE 16:
‘A’ an women, who is sentenced to death is found to be pregnant. Can the sentence be
executed? Examine.
ANS:

QUE 17:
‘X’ was arrested by the police and kept in illegal custody for 7 days. What are the
remedies available to ‘X’ against the police officers who kept him in illegal custody?
ANS:

QUE 18:
‘X’ a young person of 19 years of age was convicted for the offence of murder. ‘X’ has
committed the offence for the first time ‘X’ claimed released on probation? Can he be
released so?
ANS:

YEAR 2022 100M

QUE 15:

ANS:
QUE 16:

ANS:

QUE 17:

ANS:

QUE 18:

ANS:

YEAR 2023

QUE 15:

ANS:

QUE 16:

ANS:

QUE 17:

ANS:
QUE 18:

ANS: