1.

Constitution and Powers of Criminal Courts under BNSS (Bharatiya

Nagarik Suraksha Sanhita, 2023)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, retains and refines the framework for
the constitution and powers of criminal courts in India. It replaces the Criminal Procedure
Code (CrPC), 1973, while largely maintaining its hierarchical structure. However, it introduces
new provisions regarding sentencing powers, jurisdiction, and special courts to enhance
efficiency and fairness in criminal trials.

The criminal courts in India are structured in a hierarchical system, with the Supreme Court
at the apex, followed by the High Courts, Sessions Courts, and Magistrates' Courts.

1. Constitution of Criminal Courts

(a) Supreme Court of India

●​ The Supreme Court is the highest court in India and has constitutional authority under
Articles 124-147 of the Constitution.
●​ It has original, appellate, and advisory jurisdiction.
●​ Under Article 136, the Supreme Court has special leave jurisdiction to entertain appeals
against any criminal court's decision.

(b) High Courts (Section 21, BNSS)

●​ Each State or Union Territory has a High Court, with the power to supervise lower
criminal courts.
●​ The High Court has:
○​ Appellate jurisdiction over Sessions Court decisions.
○​ Revisional jurisdiction to correct errors of subordinate courts.
○​ Writ jurisdiction under Articles 226 and 227 to ensure justice in criminal
matters.

(c) Court of Session (Sessions Court) (Section 22, BNSS)

●​ Every district has a Sessions Court, which hears serious criminal cases.
●​ The Sessions Judge:
○​ Tries heinous offences, such as murder, terrorism, and rape.
○​ Can pass any sentence, including the death penalty, but death sentences
require confirmation by the High Court.

Hierarchy within Sessions Court

 1.​ Sessions Judge – Appointed by the High Court; hears serious offences.
2.​ Additional Sessions Judge – Can exercise the same powers as the Sessions Judge but
under delegation.
3.​ Assistant Sessions Judge – Can impose up to ten years of imprisonment.

(d) Judicial Magistrates (Section 23, BNSS)

Magistrates are divided into two classes, with different powers:

(i) Chief Judicial Magistrate (CJM)

●​ Can impose up to 7 years of imprisonment.

●​ Can hear appeals from Second-Class Magistrates.
●​ Has the power to supervise lower magistrates.

(ii) Magistrate of the First Class

●​ Can sentence up to 3 years of imprisonment or fine up to ₹50,000.

●​ Has the authority to order community service as a punishment.

(iii) Magistrate of the Second Class

●​ Can impose up to 1 year of imprisonment or fine up to ₹10,000.

●​ Handles minor criminal offences.

(iv) Executive Magistrates

●​ Appointed by the State Government for maintaining public order.

●​ Handles preventive actions, such as binding over individuals for good behavior and
dealing with public nuisances.

2. Powers of Criminal Courts

The powers of criminal courts depend on the nature of offences, sentencing authority, and
territorial jurisdiction.

(a) Sentencing Powers of Different Courts (Section 24, BNSS)

The sentencing powers of criminal courts are as follows:

Court Maximum Punishment Allowed

Supreme Court Any punishment permitted under law

 High Court Any punishment, including death (only on appeal or
confirmation)

Sessions Judge Any sentence, including death (subject to High Court

confirmation)

Additional Sessions Any sentence except the death penalty

Judge

Assistant Sessions Judge Up to 10 years of imprisonment

Chief Judicial Magistrate Up to 7 years of imprisonment

Magistrate of First Class Up to 3 years or ₹50,000 fine

Magistrate of Second Up to 1 year or ₹10,000 fine

Class

(b) Powers of Magistrates in Imposing Fines

●​ The First-Class Magistrate can impose a fine of up to ₹50,000.

●​ The Second-Class Magistrate can impose a fine of up to ₹10,000.
●​ A Sessions Judge can impose any fine permitted by law.

(c) Consecutive Sentences (Section 24, BNSS)

●​ If an accused is convicted of multiple offences in one trial, the court may order
consecutive sentences, but the total sentence cannot exceed twice the highest
prescribed punishment.

(d) Imprisonment in Default of Fine

●​ If a convict fails to pay a fine, additional imprisonment may be imposed, but it cannot
exceed one-fourth of the maximum sentence for the offence.

3. Jurisdiction and Trial Powers of Criminal Courts

(a) Ordinary Jurisdiction (Section 25, BNSS)

●​ A criminal case is generally tried in the court within whose territorial limits the
offence occurred.

(b) Special Jurisdiction for Specific Offences

Some offences may be tried in multiple locations:

 ●​ Kidnapping & Abduction: In the jurisdiction where the victim was kidnapped or last
seen.
●​ Cybercrimes & Online Fraud: Where the communication was sent or received.
●​ Theft & Robbery: Where the offence occurred or stolen goods were recovered.

(c) Transfer of Cases (Section 205, BNSS)

●​ The State Government, with the High Court’s approval, can transfer cases from one
court to another if necessary.

4. Powers of the High Court in Criminal Matters

(a) Supervision and Appellate Jurisdiction

●​ High Courts have the power to hear appeals from Sessions Courts.
●​ They can revise, modify, or overturn the lower court’s decisions.

(b) Confirmation of Death Sentences

●​ If a Sessions Judge awards the death penalty, it must be confirmed by the High Court
before execution.

(c) Decision in Case of Doubt (Section 206, BNSS)

●​ If two courts take cognizance of the same offence, the High Court will decide which
court should proceed with the trial.

5. Special Provisions for Women and Vulnerable Victims

●​ Gender-Sensitive Trials:
○​ Offences against women (Sections 64-71 of BNS) should be tried preferably by
a woman judge.
●​ Speedy Trials:
○​ Rape cases must be completed within 2 months.

Conclusion

The BNSS, 2023, largely follows the existing structure of criminal courts but introduces
significant improvements in sentencing powers, jurisdictional rules, and special court
provisions. The law ensures faster trials, stronger sentencing, and victim-centric reforms,
making India's criminal justice system more efficient and equitable.
 🚀
This is a detailed and structured answer covering all aspects of the constitution and powers
of criminal courts. Let me know if you need further clarifications or modifications!

2. Explain the procedure to be followed for the trial of warrant cases by

magistrate

Introduction

Warrant cases involve serious offenses where the prescribed punishment exceeds two years of
imprisonment, life imprisonment, or death. The BNSS, 2023, replacing the previous Code of
Criminal Procedure (CrPC), provides a clear framework for the trial of such cases, ensuring that
the accused’s rights are safeguarded while balancing the interests of justice. Warrant cases can
be instituted on:

1. A police report (charge-sheet filed by the police after investigation).

2. A complaint made directly to the Magistrate by a private individual.

The procedural distinction lies in the level of prior investigation and preparation required before
the trial.

Procedure for Warrant Cases Instituted on a Police Report

1. Supply of Documents to the Accused (Section 238 BNSS)

The Magistrate ensures that the accused receives:

● A copy of the police report (charge-sheet).

● Statements of witnesses recorded by the police under Section 161.
● Documents collected during the investigation, such as expert opinions, reports, and
exhibits.

This step ensures transparency and allows the accused to prepare their defense adequately.
2. Framing of Charges (Section 240 BNSS)

The Magistrate examines the case record and evidence to decide whether there are sufficient
grounds to frame charges.

● If sufficient evidence exists: Charges are framed, read, and explained to the accused.
● If no sufficient evidence exists: The Magistrate discharges the accused under Section
239 BNSS.

3. Plea of the Accused (Section 241 BNSS)

After framing charges, the accused is asked to plead:

● Plea of Guilty: The Magistrate records the plea and may convict the accused.
● Plea of Not Guilty: The trial proceeds with the prosecution’s evidence.

4. Prosecution Evidence (Section 242 BNSS)

● The prosecution presents its witnesses and exhibits.

● Each witness is examined-in-chief, cross-examined by the defense, and re-examined if
necessary.
● The accused has the right to challenge the credibility of witnesses and evidence.

5. Examination of the Accused (Section 313 BNSS)

The Magistrate questions the accused to explain any incriminating evidence presented during
the trial.

● The accused is not required to take an oath, and their statements cannot be used as
substantive evidence.

6. Defense Evidence (Section 243 BNSS)

● The accused may present their own evidence and witnesses to rebut the prosecution’s
case.
● Witnesses for the defense are subject to cross-examination by the prosecution.
7. Arguments and Judgment (Section 248 BNSS)

● Arguments: Both the prosecution and defense present their final arguments
summarizing their case.
● Judgment: Based on the evidence and arguments, the Magistrate either convicts or
acquits the accused.

Procedure for Warrant Cases Instituted Otherwise than on a Police Report

1. Preliminary Examination of the Complainant and Witnesses (Section 244

BNSS)
 ● When a case is initiated on a complaint, the Magistrate examines the complainant and
witnesses under oath.
● This is done to ascertain if there is sufficient ground to proceed against the accused.

2. Summons or Warrant to the Accused (Section 204 BNSS)

● If the Magistrate finds sufficient grounds, a summons or warrant is issued to the accused
to appear before the court.

3. Evidence Before Charge (Section 244 BNSS)

● The complainant and their witnesses provide evidence before charges are framed.
● If evidence is insufficient, the accused is discharged under Section 245 BNSS.

4. Framing of Charges (Section 246 BNSS)

● The Magistrate frames charges based on the evidence presented.

● The charges are read and explained to the accused, who is asked to plead guilty or not
guilty.

5. Trial Proceedings (Sections 246–247 BNSS)

● The trial continues as in cases instituted on a police report, with the prosecution and
defense presenting their evidence.

6. Judgment (Section 248 BNSS)

● The Magistrate delivers the judgment, either convicting or acquitting the accused.

Special Provisions Applicable to Warrant Trials

1. Withdrawal of Prosecution (Section 321 BNSS)

● The Public Prosecutor may withdraw prosecution with the consent of the Magistrate at
any stage.
2. Compounding of Offenses (Section 320 BNSS)

● Certain offenses, especially those involving private disputes, can be compounded

(settled) with the Magistrate’s permission.

3. Examination of the Accused (Section 313 BNSS)

● The accused is questioned at any stage of the trial to explain evidence against them.
4. Legal Aid (Section 304 BNSS)
● The Magistrate must ensure that the accused, if unrepresented and unable to afford legal
counsel, is provided with free legal aid.

Conclusion

The trial of warrant cases under the BNSS, 2023, follows a structured approach that ensures a
fair balance between safeguarding the accused’s rights and delivering justice efficiently. By
clearly distinguishing procedures for cases initiated on a police report and those initiated
otherwise, the BNSS provides flexibility and accountability in the justice system. The emphasis
on providing evidence, allowing cross-examination, and ensuring transparency upholds the
principles of natural justice. For a detailed understanding, always refer to relevant sections
during examination to substantiate your answers effectively.

3. The Probation of Offenders Act, 1958: Scope and Objectives

Introduction

The Probation of Offenders Act, 1958, is a significant piece of legislation in India’s criminal
justice system, designed to emphasize rehabilitation over punitive measures. Recognizing that
incarceration is not always the best response to criminal behavior, particularly for first-time or
minor offenders, the Act provides an alternative mechanism aimed at reforming individuals
rather than subjecting them to the harsh realities of imprisonment. By focusing on probation and
admonition, this Act seeks to facilitate social reintegration while also reducing the burden on the
prison system.

Objectives of the Act

The key objectives of the Probation of Offenders Act, 1958, are as follows:

1.​ Reformation and Rehabilitation:​

○​ The Act aims to reform offenders by allowing them to serve their sentence outside
prison under supervision, thereby avoiding the negative influences of prison life.
○​ It promotes the idea that individuals who commit minor offenses should be given
 an opportunity to correct their behavior and reintegrate into society as law-abiding
citizens.
2.​ Prevention of Recidivism:​

○​ By preventing exposure to hardened criminals in prison, the Act reduces the

likelihood of re-offending.
○​ Probation officers provide guidance and support to offenders to help them lead a
responsible and crime-free life.
3.​ Avoiding Imprisonment for Minor Offenses:​

○​ The Act seeks to prevent first-time offenders, especially young individuals and
those guilty of petty crimes, from undergoing imprisonment, which may have
severe psychological and social consequences.
○​ This approach ensures that minor offenders are not unnecessarily labeled as
criminals, allowing them to maintain social respectability and employment
opportunities.
4.​ Reducing Overcrowding in Prisons:​

○​ With growing concerns about the overcrowding of Indian prisons, this Act
provides an effective alternative by keeping minor offenders out of jails.
○​ It allows the criminal justice system to focus on serious crimes, rather than
overburdening itself with minor cases.

Scope of the Act

The scope of the Probation of Offenders Act, 1958, extends to a wide range of criminal cases
where imprisonment is not deemed necessary. Key aspects of its scope include:

1.​ Applicability:​

○​ The Act applies to offenders convicted of offenses that are not punishable by
death or life imprisonment.
○​ Courts can exercise discretion in granting probation based on the nature of the
offense, the offender’s character, and circumstances surrounding the case.
2.​ Release on Probation:​

○​ Under this Act, courts have the power to release certain offenders on probation
instead of sentencing them to imprisonment.
○​ A probation officer is assigned to monitor the individual’s conduct and ensure
compliance with prescribed conditions.
3.​ Admonition Instead of Punishment:​

○​ The Act allows the court to release offenders with a simple admonition instead of
imposing a formal sentence, particularly for minor crimes.
○​ This provision serves as a warning while avoiding the negative consequences of a
criminal conviction.
4.​ Role of Probation Officers:​
 ○​ Probation officers play a crucial role in supervising offenders, providing them
with counseling, and assisting in their rehabilitation.
○​ They submit periodic reports to the court regarding the conduct and progress of
the individual on probation.
5.​ Disqualification Protection:​

○​ An individual released on probation under this Act does not suffer from
disqualification that would normally follow a conviction, such as losing
employment opportunities or social stigmatization.
○​ This ensures that minor offenses do not permanently damage a person’s future
prospects.

Conclusion

The Probation of Offenders Act, 1958, is a progressive law that aims to humanize the criminal
justice system by focusing on rehabilitation rather than punishment. By preventing unnecessary
incarceration, it helps in reforming offenders, reducing prison overcrowding, and promoting
social welfare. Through careful supervision and guidance, the Act ensures that those who
commit minor offenses receive a second chance at leading a responsible and productive life. In
doing so, it upholds the principles of justice and reformation, balancing the interests of society
with the need for individual rehabilitation.

5.How to Submit a Report Under the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal
Procedure (CrPC), 1973, is a crucial legal framework governing procedural aspects of criminal
law in India. One of the key functions under this law is the submission of reports, which can
include police investigation reports, medical reports, plea bargaining reports, and other
legal documentation submitted to the courts or designated authorities. The BNSS standardizes
the procedures for submitting such reports to ensure efficiency, accountability, and transparency
in the legal system.

1. Submission of Police Reports (FIRs & Investigation Reports)

A. First Information Report (FIR) Submission

Under BNSS, the First Information Report (FIR), which marks the beginning of a criminal
investigation, must be filed and submitted as follows:

●​ Section 173 (Previously Section 154 of CrPC):

○​ The police officer must record the complaint and file an FIR.
○​ A copy of the FIR must be sent to the Magistrate promptly.
○​ The informant receives a free copy of the FIR.
○​ If the FIR is refused, the complainant can approach the Superintendent of Police
(SP) for further action.

B. Investigation Report Submission

●​ Section 176 (Previously Section 173 of CrPC) – Report on Completion of

Investigation​

○​ Once an investigation is completed, the police officer must submit a final

report to the Magistrate.
○​ The report must include evidence, witness statements, forensic findings, and
conclusions regarding the offense.
○​ If no sufficient evidence is found, the report should recommend closure of the
case.
●​ Section 177 – Submission via Superior Officers​

○​ The State Government may require that reports be submitted through a

designated superior police officer before being sent to the Magistrate.
○​ This ensures an additional level of scrutiny and reduces the chances of wrongful
investigation conclusions.

2. Medical Examination Reports Submission

Medical professionals are required to submit specific reports, particularly in cases involving
sexual offenses, assault, and other bodily injuries.

●​ Section 53 – Medical Reports in Rape Cases​

○​ Medical practitioners who examine rape victims must submit their reports
within seven days to the investigating officer.
○​ The report must include details of injuries, forensic evidence, and medical
opinions.
●​ Section 174 – Death Investigation Reports​

○​ In cases of unnatural deaths, including custodial deaths and suicides, medical

officers must submit a post-mortem report to the police.
○​ The police, in turn, must send this report to the Magistrate.

These provisions aim to streamline medical evidence submission and ensure justice for
victims.
3. Submission of Plea Bargaining Reports

Plea bargaining, introduced in Indian criminal law in 2005, allows an accused person to
negotiate for a reduced sentence.

●​ Section 292 (Previously Section 265 CrPC) – Procedure for Plea Bargaining Reports
○​ If the accused applies for plea bargaining, the court facilitates a mutually
satisfactory settlement.
○​ A written plea bargaining report is prepared and submitted to the Court.
○​ If accepted, the Court passes an appropriate sentence or fine based on the
agreement.

This mechanism reduces case backlog and allows for quicker resolution of certain criminal
cases.

4. Submission Guidelines for Other Reports Under BNSS

Apart from police and medical reports, BNSS also regulates reports in various judicial and
administrative proceedings:

●​ Juvenile Justice Reports: Reports regarding juvenile offenders are submitted to the
Juvenile Justice Board.
●​ Cybercrime Reports: Digital evidence and forensic cyber reports are submitted to the
Cyber Crime Division and courts.
●​ Forensic Reports: DNA and fingerprint analysis reports must be submitted to the
investigating officer and magistrate within the prescribed timeframe.

5. General Steps for Report Submission Under BNSS

Regardless of the type of report, the general steps for submission are:

1.​ Preparation of Report​

○​ Ensure the report follows the legal format prescribed under BNSS.
○​ Include necessary evidence, annexures, and supporting documents.
2.​ Approval from Higher Authorities (if required)​

○​ In police investigations, reports may need clearance from a superior officer

before being sent to the magistrate.
3.​ Submission to the Designated Authority​

○​ FIRs, investigation reports → Sent to the Magistrate.

○​ Medical reports → Submitted to the investigating officer and court.
○​ Plea bargaining reports → Submitted to the court for approval.
4.​ Acknowledgment & Tracking​
 ○​ A copy of the submitted report must be acknowledged by the recipient (e.g.,
court clerk, investigating officer).
○​ Reports should be tracked for follow-up and compliance.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides a comprehensive framework
for report submission in the criminal justice system. Whether it is a police report, medical
report, or plea bargaining report, BNSS establishes clear protocols to ensure accountability,
efficiency, and transparency.

Following the correct submission procedures ensures that investigations progress smoothly,
evidence is documented properly, and justice is served effectively. Compliance with BNSS
reporting requirements will also help in reducing delays and enhancing the overall criminal
justice process in India.

For more details, refer to the official BNSS 2023 document or consult a legal expert for
specific case-related guidance.

Here is a detailed and structured legal opinion on A's case under the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023, including relevant provisions and case law.

4. Serving Summons

A summons is a formal legal document issued by a court that notifies an individual,

organization, or entity about a legal action or proceeding that concerns them. It mandates their
appearance in court on a specified date or requires them to respond to the legal claim within a
given time. Summonses play a crucial role in ensuring due process, allowing all parties involved
to participate in legal proceedings.
Failure to comply with a summons can result in serious legal consequences, including:

● Default judgments (decisions made in favor of the opposing party due to

non-appearance).
● Issuance of a warrant of arrest in criminal cases.
● Penalties such as fines or other legal repercussions.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Criminal
Procedure Code (CrPC), includes detailed provisions on how summons are issued, served, and
proved.

1. Form of Summons – Section 63 BNSS

Every summons issued by a court under BNSS must:

● Be written in duplicate.
 ● Be signed either by the presiding officer of the court or another officer authorized by the
High Court through specific rules.
● Bear the court’s seal.
● Be issued electronically, using encrypted communication or digital signatures, as
permitted by state regulations.

Key Update:

The introduction of electronic summons is a new provision under BNSS. Courts can now issue
summons using encrypted digital communication, ensuring faster and more efficient delivery.

2. Serving of Summons – Section 64 BNSS

Summons must be served (delivered) properly for the recipient to be legally bound to respond.
BNSS outlines the following procedures for serving summons:

Who can Serve Summons?

● A police officer is the primary authority responsible for serving summons. ● A court
officer or any other public servant may also serve a summons, as per state government
regulations.
● A register must be maintained at the police station or the court registrar’s office,
recording the recipient’s:
○ Address
○ Email ID
○ Phone number
○ Any other required details

Methods of Service

● Direct service: Whenever possible, summons should be served directly to the person
being summoned by handing over or presenting a copy.
● Electronic service: Summons may be served through email, SMS, or other
electronic communication, provided they display:
○ The court’s seal image.
○ A digital signature of the authorized officer.

Acknowledgment of Receipt

● If a person receives the summons in person, they must sign on the back of the
duplicate copy as proof of receipt.
3. Serving Summons to Corporate Bodies, Firms, and Societies – Section 65 BNSS

Summons may be served differently when dealing with companies, corporations, firms, or
societies:

For Companies and Corporations

● A summons must be delivered to the Director, Manager, Secretary, or any other

authorized officer of the company.
● It may also be sent by registered post to the company’s official address. ● Service
is considered complete when the letter arrives through regular postal delivery.

Definition Update:

● "Company" includes any body corporate registered under the Companies Act,
2013.
● "Corporation" refers to incorporated companies and other legal corporate entities.
For Firms and Associations
● A summons can be handed over to any partner of the firm.
● Alternatively, it can be sent by registered post to a partner’s address.
Key Update:
The BNSS now explicitly includes firms along with corporate bodies and societies, making the
process of summons delivery more comprehensive.

4. Service When the Summoned Person Cannot Be Found – Section 66 BNSS

If the person summoned cannot be found after reasonable efforts:

● The summons may be handed over to an adult family member residing in the same
household.
● The recipient must sign a receipt acknowledging service if requested by the officer.
Key Update:
The term "adult male member" has been replaced with "adult member", making the
provision gender-neutral and inclusive.

Important Restriction:

● Servants are NOT considered family members for the purpose of receiving
summons.

5. Alternative Methods When Personal Service is Not Possible – Section 67 BNSS

If service cannot be completed using the methods in Sections 64, 65, or 66, the serving officer
must:

● Affix one copy of the summons to a visible part of the recipient’s residence or
workplace.
● Report back to the court regarding this action.
● The court will then decide whether the summons is deemed properly served or if an
alternative method must be used.

6. Service on Government Servants – Section 68 BNSS If the person being

summoned is a government employee in active duty:
● The court must send two copies of the summons to the head of the office where the
person works.
● The head of the office will ensure proper delivery and return a signed endorsement to
confirm service.

7. Serving Summons Outside the Court’s Jurisdiction – Section 69 BNSS

If a summons needs to be delivered outside the issuing court’s local jurisdiction:

● The court will send two copies of the summons to a Magistrate who has authority in the
area where the recipient is located.
● The local Magistrate will ensure the summons is served and confirm compliance.

8. Proof of Service of Summons – Section 70 BNSS If the serving officer

does not appear in court, service can be proven by:
● An affidavit from the officer stating that the summons was delivered. ●
A duplicate copy of the summons signed by the recipient.
● For electronic summons, a certified record of delivery must be maintained.
Presumption of Valid Service:
● The statements in the affidavit are presumed true unless proven otherwise.

9. Summons for Witnesses – Section 71 BNSS

A court summoning a witness may also:

 ● Send a copy of the summons electronically or through registered mail to their
residence or workplace.
● If the witness acknowledges receipt, or a postal employee confirms they refused to
accept it, the court may consider the summons properly served.

Conclusion
The BNSS, 2023 modernizes the process of serving summons by introducing electronic
service, gender-neutral language, and clearer procedures for firms, corporations, and
government servants. These updates ensure faster, more efficient, and legally sound
communication, reducing delays in legal proceedings.

6.Observation Homes under the Juvenile Justice Act, 2015

Introduction

Observation Homes are institutions established under the Juvenile Justice (Care and
Protection of Children) Act, 2015 (JJ Act, 2015) for the temporary reception, care, and
rehabilitation of children alleged to be in conflict with the law while their inquiry is pending
before the Juvenile Justice Board (JJB)【28:1†unit-5 jjact and probation of
offenders act notes.pdf】.
Definition of Observation Home (Section 2(40))

According to Section 2(40) of the JJ Act, 2015, an Observation Home is:

● An institution established and maintained in every district or group of districts by the

State Government.
● It can be operated independently or through voluntary/non-governmental
organizations. ● The home must be registered under Section 41 of the Act【
28:1†unit-5 jjact and probation of offenders act notes.pdf】.

Legal Provisions on Observation Homes (Section 47) 1. Establishment

and Maintenance (Section 47(1))
● The State Government is required to establish and maintain Observation Homes in
every district or group of districts.
● These homes provide temporary reception, care, and rehabilitation for children alleged
to be in conflict with the law during the pendency of an inquiry【28:1†unit-5
jjact and probation of offenders act notes.pdf】.

2. Registration of Other Institutions as Observation Homes (Section 47(2))

● If the State Government finds that a registered institution (not originally established as
an Observation Home) is fit for temporarily accommodating children in conflict with
 the law, it can register that institution as an Observation Home【
28:1†unit-5 jjact and probation of offenders act notes.pdf】.

3. Management and Monitoring (Section 47(3))

● The State Government is required to establish rules for:

○ Management and monitoring of Observation Homes.
○ Standards for services provided.
○ Registration, renewal, and withdrawal of Observation Home
registration【28:1†unit-5 jjact and probation of offenders
act notes.pdf】.

4. Segregation of Children (Section 47(4))

● Every child sent to an Observation Home must be segregated based on:

○ Age
○ Gender
○ Mental and physical status
○ Degree of offense committed【28:1†unit-5 jjact and probation of
offenders act notes.pdf 】.

Objectives of Observation Homes

1. Temporary Care and Protection:

○ Provides a safe space for children alleged to have committed offenses while
awaiting inquiry.
2. Legal and Psychological Support:

○ Ensures legal aid and counseling services to support children during their trial
process. 3. Individual Care Plan:

○ Develops a personalized rehabilitation plan for each child based on family

background, education, and mental health.
4. Non-Punitive Environment:

○ Observation Homes must not resemble prisons and should provide child-friendly
services【28:8†unit-5 jjact and probation of offenders act
notes.pdf】.
Conclusion

Observation Homes play a crucial role in ensuring the care, safety, and protection of children
alleged to be in conflict with the law under the Juvenile Justice Act, 2015. These institutions
act as temporary shelters where children receive legal, educational, and psychological
support while they await the completion of their judicial inquiry. The State Government is
responsible for ensuring that these homes operate under strict guidelines to maintain a
child-friendly atmosphere and facilitate their social reintegration【28:1†unit-5 jjact
and probation of offenders act notes.pdf】.

7 Zero-FIR: A Detailed Analysis under BNSS (Bharatiya Nagarik Suraksha

Sanhita, 2023)
1. Introduction to Zero-FIR

Zero-FIR is an important legal provision that allows any police station to register a First
Information Report (FIR) irrespective of the jurisdiction where the crime occurred. The
concept was introduced to ensure that crimes, especially serious offences like rape, murder, and
kidnapping, are registered without delay, allowing immediate police action.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, formally recognizes Zero-FIR,
making it a legal obligation for police officers to register complaints without jurisdictional
constraints. This addresses past issues where victims were often turned away by police on
jurisdictional grounds, leading to delays in justice.

2. Legal Basis for Zero-FIR in BNSS

The BNSS replaces Section 154 of the CrPC with Section 173 and makes the following
provisions:

●​ Any police station must register an FIR, regardless of where the offence occurred.
●​ The police station where the Zero-FIR is filed must then transfer it to the appropriate
jurisdiction.
●​ No officer can refuse to file a Zero-FIR if the information provided indicates a
cognizable offence.

This provision is particularly beneficial for victims of crimes against women and children, as
it ensures immediate action without procedural delays.

3. Historical Context and Judicial Support for Zero-FIR

The Ministry of Home Affairs (MHA) recommended Zero-FIR in 2015 to improve access to
justice, particularly for women reporting crimes. Various court rulings have reinforced this
principle:

●​ Lalita Kumari v. Government of Uttar Pradesh (2013): The Supreme Court ruled that
registration of an FIR is mandatory if the information provided discloses a cognizable
offence.
●​ Damodar v. State of Rajasthan (2011): The Supreme Court clarified that police cannot
refuse to register an FIR on jurisdictional grounds.

These rulings strengthened the legal foundation for Zero-FIR, leading to its formal inclusion in
BNSS, 2023.

4. Zero-FIR Registration Process under BNSS

The process for filing a Zero-FIR under BNSS follows these steps:

1.​ Report the Crime:​

○​ A person can report a cognizable offence at any police station.

○​ The report can be oral, electronic, or written.
2.​ Recording the FIR:​

○​ If given orally, the police must write it down, read it back, and get it signed.
○​ If filed electronically, it must be signed within 3 days to be officially recorded.
3.​ Assigning a Zero Number:​

○​ Since the police station does not have jurisdiction, it assigns a "Zero" number to
the FIR instead of a standard case number.
4.​ Forwarding to the Competent Jurisdiction:​

○​ The FIR is transferred to the appropriate police station responsible for

investigating the offence.
5.​ Investigation Begins:​

○​ Once transferred, the jurisdictional police station renumbers the FIR and starts
the investigation.

5. Difference Between Zero-FIR and Regular FIR

Feature Zero-FIR Regular FIR

Where It Is Filed Any police station Only in the police station with
 jurisdiction

Numbering Given a Zero number before Assigned a standard FIR number

System transfer

Transfer Yes, transferred to jurisdictional No transfer needed

Required? police

Investigation After transfer Immediately

Begins

The key advantage of Zero-FIR is that it eliminates jurisdictional delays, ensuring that urgent
investigations start quickly.

6. Importance and Benefits of Zero-FIR

(a) Ensures Prompt Registration of Crime

●​ Police cannot refuse to register a complaint based on jurisdiction.

●​ Prevents delays in investigation, especially in cases of sexual offences, cybercrime,
and organized crime.

(b) Victim-Centric Approach

●​ Beneficial for women, children, and marginalized groups who may face resistance in
reporting crimes.
●​ Helps prevent tampering with evidence, as registration happens immediately.

(c) Strengthens Criminal Justice System

●​ Makes law enforcement more accountable.

●​ Aligns with Supreme Court directives and human rights principles.

7. Challenges and Criticism of Zero-FIR

(a) Police Reluctance

●​ Some police officers still hesitate to register Zero-FIRs, fearing accountability for cases
outside their jurisdiction.

(b) Lack of Public Awareness

 ●​ Many citizens are unaware of their right to file a Zero-FIR, leading to continued
rejection of complaints on jurisdictional grounds.

(c) Possibility of Misuse

●​ In some cases, Zero-FIR could be misused to falsely implicate individuals or transfer

cases to friendly jurisdictions.

Despite these challenges, Zero-FIR remains a powerful tool to ensure timely justice and
police accountability.

8. Conclusion

Zero-FIR is a critical reform under BNSS, 2023, reinforcing victim-centric justice and speedy
investigation. By removing jurisdictional barriers, it ensures that cases—especially those
involving heinous crimes—are registered without delay.

The formal legal recognition of Zero-FIR in BNSS marks a significant milestone in India's
criminal justice system, making it more responsive, accessible, and fair.

Would you like an analysis of a specific case study related to Zero-FIR? 🚀

8.Legal Advice to A Regarding Filing a Case Against B Under BNSS, 2023

Introduction

A intends to file a criminal case against B for an offence that is punishable with a fine only.
However, the offence in question was committed one year ago. The issue to be determined is
whether A can still initiate legal proceedings despite the passage of time.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, certain offences have a
limitation period within which a complaint or charge sheet must be filed. If this period lapses,
the prosecution is generally not allowed unless specific exceptions apply.

1. Limitation Period for Filing a Criminal Case (Section 467 of BNSS)

Section 467 of BNSS (corresponding to Section 468 of the CrPC, 1973) establishes limitation
periods for the institution of criminal proceedings:

●​ For offences punishable with a fine only → Limitation period: 6 months

●​ For offences punishable with imprisonment up to 1 year → Limitation period: 1 year
●​ For offences punishable with imprisonment between 1 and 3 years → Limitation
 period: 3 years

Application to A’s Case:

●​ Since the offence committed by B is punishable only with a fine, the limitation period
for filing a complaint expired after 6 months from the date of the offence.
●​ As the offence was committed one year ago, A's complaint is time-barred unless an
exception applies.

2. Exception: Extension of Limitation Under Section 473 of BNSS

Although the limitation period has expired, Section 473 of BNSS (previously Section 473 of
CrPC) allows for the condonation of delay in certain circumstances. The court may take
cognizance of an offence beyond the prescribed limitation period if:

1.​ A satisfies the court that there was a valid reason for the delay in filing the complaint.
2.​ The court is convinced that extending the limitation period is in the interest of
justice.

Possible Grounds for Delay

A may argue that the delay was due to unavoidable circumstances, such as:

●​ Lack of knowledge about the offence or its legal consequences.

●​ Illness or inability to access the court system in time.
●​ Mistaken belief that the issue could be resolved amicably outside of court.

However, the burden is on A to prove these grounds, and the court has complete discretion
in accepting or rejecting the request.

3. Judicial Precedents on Limitation in Criminal Cases

The Supreme Court and various High Courts have clarified the application of limitation in
criminal cases:

1. Vanka Radhamanohari v. Vanka Venkata Reddy (1993) 3 SCC 4

Held: The limitation period under CrPC (now BNSS) is mandatory, and courts cannot take
cognizance of cases beyond the prescribed time unless justified under Section 473.

2. State of Punjab v. Sarwan Singh (1981) SCC 1666

Held: The purpose of a limitation period in criminal law is to prevent prolonged uncertainty
and harassment of accused persons. The courts should not extend the limitation unless a strong
reason exists.

3. Arun Vyas v. Anita Vyas (1999) 4 SCC 690

Held: While condoning delay under Section 473, the court must consider whether the delay
has prejudiced the accused and whether allowing prosecution is necessary for justice.

Application to A’s Case:

●​ A must provide a strong justification under Section 473 of BNSS for filing a delayed
complaint.
●​ The court will evaluate whether allowing prosecution after one year is justified in the
interests of justice.
●​ If the delay prejudices B’s right to a fair trial, the complaint will likely be dismissed

9. MAINTENANCE OF WIFES CHILDREN AND PARENTS

Chapter 10 - Order for Maintenance of Wives, Children, and Parents

The provisions under Sections 144 to 147 of the Bharatiya Nyaya Sanhita (BNS), 2023
outline the legal framework for maintenance of dependents, including wives, children, and
parents. Below is a detailed discussion of these provisions:

Section 144: Order for Maintenance of Wives, Children, and Parents 1. When
Maintenance Can Be Ordered
A Magistrate of the first class may order maintenance if a person with sufficient means neglects
or refuses to maintain:

1. His wife who is unable to maintain herself.

2. His legitimate or illegitimate child (married or unmarried) unable to maintain itself.
3. His child of majority age, not being a married daughter, who is physically or
mentally incapacitated.
4. His father or mother unable to maintain themselves.

2. Provisions for Female Child Maintenance

● A father of a minor female child may be directed to pay maintenance until she attains
majority, provided her husband (if married) lacks sufficient means.

3. Interim Maintenance and Expenses

 ● During the proceedings, the Magistrate may order interim maintenance and expenses. ●
Applications for interim maintenance and expenses should ideally be resolved within 60
days of notice.

4. Payment of Maintenance

● Maintenance is payable from the date of the order or, if directed, from the date of
application. 5. Consequences of Non-Payment
● A Magistrate may issue a warrant for levying the due amount and impose imprisonment
(up to one month) for non-payment.
● Applications for recovery must be made within one year of the due date.

6. Conditions Impacting Maintenance

● A wife may refuse to live with her husband and still receive
maintenance if: ○ The husband has married another woman or keeps a
mistress.
○ There is a justifiable reason for her refusal.
● However, no maintenance is payable if the wife:
○ Lives in adultery.
○ Refuses to live with her husband without sufficient cause.
○ Lives separately by mutual consent.

7. Cancellation of Maintenance Orders

● Orders may be canceled if the wife:

○ Lives in adultery.
○ Refuses to live with her husband without sufficient reason.
○ Lives separately by mutual consent.

Section 145: Procedure

1. Jurisdiction

Proceedings under Section 144 can be initiated in the district:

1. Where the respondent resides.

2. Where the applicant (wife, child, father, or mother) resides.
3. Where the respondent last resided with the applicant.

2. Evidence and Hearings

● Evidence must be recorded in the presence of the respondent or their advocate. ●

If the respondent willfully avoids attendance, the Magistrate may proceed ex parte.
● Orders passed ex parte can be set aside on good cause within three months of the
order.
3. Costs

● The Magistrate may order payment of costs as deemed just and proper.

Section 146: Alteration in Allowance

1. Change in Circumstances

● Maintenance orders can be modified based on changes in the circumstances of the

parties. 2. Effect of Civil Court Decisions
● Maintenance orders under Section 144 can be canceled or varied based on competent
Civil Court decisions.

3. Specific Provisions for Divorced Women

● Maintenance orders may be canceled if:

○ The woman remarries.
○ She has received a lump sum settlement under personal/customary law.
○ She voluntarily relinquishes her right to maintenance after divorce.

4. Adjustments in Civil Decrees

● Civil Courts must consider maintenance paid under Section 144 when passing
decrees for recovery of maintenance or dowry.

Section 147: Enforcement of Maintenance Orders

1. Free Copy of the Order

● A copy of the maintenance or interim maintenance order is provided without charge

to the recipient or their guardian.

2. Enforcement of Orders

● Orders can be enforced by any Magistrate in the jurisdiction where the respondent
resides. ● The Magistrate must verify the identity of the parties and ensure
non-payment before enforcement.

Summary and Key Takeaways

● Eligibility: Wives, children (including illegitimate and incapacitated adults), and

 dependent parents.
● Jurisdiction: Flexible to ensure accessibility for dependents.
● Interim Relief: Addresses urgent needs during proceedings.
● Compliance: Strict penalties, including imprisonment, for non-compliance.
● Flexibility: Allows modifications based on changed circumstances or Civil Court
decisions. ● Equity: Balances the rights of dependents with reasonable safeguards for
the respondent.

This chapter ensures financial support for vulnerable family members while upholding
procedural fairness and accountability.

10 .Legal Advice on X’s Right to Appeal Under BNSS, 2023

Introduction

X has been convicted by a Magistrate of the First Class based on his plea of guilty and now
wishes to appeal against the conviction. The key issue is whether X has the right to appeal under
the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and what the relevant legal provisions
and limitations are.

1. Right to Appeal Under BNSS, 2023

A. General Right to Appeal – Section 411 of BNSS (Previously Section 374 of CrPC)

●​ Under Section 411 of BNSS, any person convicted by a Magistrate of the First Class has
the right to appeal before the Sessions Court, unless the right is expressly barred by law.
●​ However, there are exceptions when the conviction is based on a plea of guilty.

B. Exception – No Appeal in Certain Cases (Section 414 of BNSS)

●​ Section 414 of BNSS (Previously Section 375 of CrPC) states that no appeal shall lie
when a conviction is based on the accused’s plea of guilty, except in the following
cases:
1.​ The conviction results in a sentence exceeding six months of imprisonment.
2.​ The sentence includes a fine exceeding ₹1,000.

Application to X’s Case:

●​ If X was sentenced only to a fine of ₹1,000 or less, he cannot appeal against the
conviction.
●​ If the sentence includes imprisonment exceeding six months or a fine exceeding
 ₹1,000, X can file an appeal before the Sessions Court.

2. Case Law & Judicial Interpretation

1. Sitaram v. State of Madhya Pradesh (1962 AIR 276)

●​ Held: A conviction based on a plea of guilty cannot be appealed unless the sentence
exceeds the prescribed limits in law.

2. State of Kerala v. K. U. Suku (2015 SCC Online Ker 22134)

●​ Held: The accused cannot challenge the conviction if they voluntarily pleaded guilty,
unless there is a procedural irregularity in recording the plea.

3. Bhagwan Singh v. State of Rajasthan (2019 SCC Online Raj 2367)

●​ Held: A guilty plea must be voluntary, clear, and free from coercion. If not, higher
courts may allow a review of the conviction despite the bar on appeals.

3. Alternative Remedies for X

If X is not eligible to appeal, he may explore the following options:

A. Revision Under Section 419 of BNSS (Previously Section 397 of CrPC)

●​ If the sentence is legally correct but X believes there was a procedural irregularity or
miscarriage of justice, he can file a criminal revision petition before the Sessions
Court or High Court.
●​ The High Court may review the legality and correctness of the proceedings.

B. Writ Petition Under Article 226 of the Constitution

●​ If X believes that his guilty plea was involuntary or obtained under coercion, he may
file a writ petition before the High Court challenging the conviction.

4. Conclusion & Legal Advice

Can X Appeal His Conviction?

●​ If X was sentenced to imprisonment exceeding six months or fined more than

₹1,000, he can appeal under Section 411 of BNSS.
 ●​ If X’s sentence is below these limits, he cannot appeal under Section 414 of BNSS.

Recommended Course of Action for X:

1.​ If eligible, file an appeal before the Sessions Court under Section 411 of BNSS.
2.​ If an appeal is barred, consider filing a Criminal Revision under Section 419 of
BNSS.
3.​ If the plea was involuntary, approach the High Court through a Writ Petition.

Final Legal Opinion

X should consult a lawyer to prepare a strong appeal or revision petition. If the court refuses, X
can explore alternative legal remedies.

Would you like assistance in drafting the appeal or revision petition?