Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, enacted to replace the Code of Criminal Procedure (CrPC), serves as the procedural law governing the administration of criminal justice in India. It comprises 39 chapters containing a total of 531 sections, each addressing specific aspects of criminal procedure. Below is an overview of its structure:
Chapter I: Preliminary (Sections 1–5)
- Section 1: Short title, extent, and commencement.
- Section 2: Definitions of terms used in the Sanhita.
- Section 3: Construction of references.
- Section 4: Trial of offenses under the Bharatiya Nyaya Sanhita, 2023, and other laws.
- Section 5: Savings clause.
Chapter II: Constitution of Criminal Courts and Offices (Sections 6–20)
- Details the classes and hierarchy of criminal courts, their territorial divisions, and the appointment of judges and magistrates.
Chapter III: Power of Courts (Sections 21–29)
- Outlines the sentencing powers and jurisdiction of various courts.
Chapter IV: Powers of Superior Officers of Police and Aid to the Magistrates and the Police (Sections 30–34)
- Defines the authority of senior police officers and provisions for public assistance to law enforcement.
Chapter V: Arrest of Persons (Sections 35–62)
- Lays down procedures and conditions under which arrests can be made, including rights of the arrested individuals.
Chapter VI: Processes to Compel Appearance (Sections 63–93)
- Covers summons, warrants of arrest, proclamations, and attachment procedures to ensure the presence of accused persons in court.
Chapter VII: Processes to Compel the Production of Things (Sections 94–110)
- Deals with summons to produce documents or other items, search warrants, and related procedures.
Chapter VIII: Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property (Sections 111–124)
- Addresses international cooperation in criminal matters and procedures for property attachment and forfeiture.
Chapter IX: Security for Keeping the Peace and for Good Behaviour (Sections 125–143)
- Provides measures for preventive actions to maintain public order.
Chapter X: Order for Maintenance of Wives, Children, and Parents (Sections 144–147)
- Sets out provisions for financial support to dependents.
Chapter XI: Maintenance of Public Order and Tranquility (Sections 148–167)
- Focuses on handling unlawful assemblies, public nuisances, and disputes affecting public peace.
Chapter XII: Preventive Action of the Police (Sections 168–172)
- Details the powers of police to prevent cognizable offenses.
Chapter XIII: Information to the Police and Their Powers to Investigate (Sections 173–196)
- Outlines procedures for filing First Information Reports (FIRs) and the investigative powers of the police.
Chapter XIV: Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 197–209)
- Defines the territorial and other jurisdictions of criminal courts.
Chapter XV: Conditions Requisite for Initiation of Proceedings (Sections 210–222)
- Specifies conditions necessary for commencing criminal proceedings.
Chapter XVI: Complaints to Magistrates (Sections 223–226)
- Details procedures for filing complaints directly with magistrates.
Chapter XVII: Commencement of Proceedings Before Magistrates (Sections 227–233)
- Describes how proceedings are initiated and conducted before magistrates.
Chapter XVIII: The Charge (Sections 234–247)
- Covers the framing of charges, their forms, and joinder of charges.
Chapter XIX: Trial Before a Court of Session (Sections 248–260)
- Lays down procedures for trials conducted in Sessions Courts.
Chapter XX: Trial of Warrant-Cases by Magistrates (Sections 261–273)
- Details procedures for warrant cases instituted on police reports and otherwise.
Chapter XXI: Trial of Summons-Cases by Magistrates (Sections 274–282)
- Outlines procedures for summons cases.
Chapter XXII: Summary Trials (Sections 283–288)
- Provides for expedited trial procedures for certain offenses.
Chapter XXIII: Plea Bargaining (Sections 289–300)
- Introduces mechanisms for negotiated settlements in criminal cases.
Chapter XXIV: Attendance of Persons Confined or Detained in Prisons (Sections 301–306)
- Covers procedures for securing the presence of prisoners in court.
Chapter XXV: Evidence in Inquiries and Trials (Sections 307–336)
- Deals with the mode of taking and recording evidence, including commissions for examination of witnesses.
Chapter XXVI: General Provisions as to Inquiries and Trials (Sections 337–366)
- Sets out miscellaneous provisions applicable to inquiries and trials.
Chapter XXVII: Provisions as to Accused Persons of Unsound Mind (Sections 367–378)
- Addresses procedures when the accused is of unsound mind.
Chapter XXVIII: Provisions as to Offenses Affecting the Administration of Justice (Sections 379–391)
- Focuses on offenses that impede the judicial process.
Chapter XXIX: The Judgment (Sections 392–406)
- Details the delivery and contents of judgments.
Chapter XXX: Submission of Death Sentences for Confirmation (Sections 407–412)
- Provides procedures for confirming death sentences.
Chapter XXXI: Appeals (Sections 413–435)
- Outlines the rights and
