BNSS (1) Flashcards
(500 cards)
1
Q
1
A
Short title, extent and commencement
2
Q
2
A
Definitions
3
Q
3
A
Construction of references
4
Q
4
A
Trial of offences under Bhartiya Nyaya Sanhita and other laws
5
Q
5
A
Saving
6
Q
6
A
Classes of Criminal Courts
7
Q
7
A
Territorial divisions
8
Q
8
A
Court of Session
9
Q
9
A
Courts of Judicial Magistrates
10
Q
10
A
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
11
Q
11
A
Special Judicial Magistrates
12
Q
12
A
Local jurisdiction of Judicial Magistrates
13
Q
13
A
Subordination of Judicial Magistrates
14
Q
14
A
Executive Magistrates
15
Q
15
A
Special Executive Magistrates
16
Q
16
A
Local Jurisdiction of Executive Magistrates
17
Q
17
A
Subordination of Executive Magistrates
18
Q
18
A
Public Prosecutors
19
Q
19
A
Assistant Public Prosecutors
20
Q
20
A
Directorate of Prosecution
21
Q
21
A
Courts by which offences are triable
22
Q
22
A
Sentences which High Courts and Sessions Judges may pass
23
Q
23
A
Sentences which Magistrates may pass
24
Q
24
A
Sentence of imprisonment in default of fine
25
25
Sentence in cases of conviction of several offences at one trial
26
26
Mode of conferring powers
27
27
Powers of officers appointed
28
28
Withdrawal of powers
29
29
Powers of Judges and Magistrates exercisable by their successors-in-office
30
30
Powers of superior officers of police
31
31
Public when to assist Magistrates and police
32
32
Aid to person, other than police officer, executing warrant
33
33
Public to give information of certain offences
34
34
Duty of officers employed in connection with the affairs of a village to make certain
35
35
When policemay arrest without warrant
36
36
Procedure of arrest and duties of officer making arrest
37
37
Designated Police Officer
38
38
Right of arrested person to meet an advocate of his choice during interrogation
39
39
Arrest on refusal to give name and residence
40
40
Arrest by private person and procedure on such arrest
41
41
Arrest by Magistrate
42
42
Protection of members of the Armed Forces from arrest
43
43
Arrest how made
44
44
Search of place entered by person sought to be arrested
45
45
Pursuit of offenders into other jurisdictions
46
46
No unnecessary restraint
47
47
Person arrested to be informed of grounds of arrest and of right to bail
48
48
Obligation of person making arrest to inform about the arrest, etc
49
49
Search of arrested person
50
50
Power to seize offensive weapons
51
51
Examination of accused by medical practitioner at the request of police officer
52
52
Examination of person accused of rape by medical practitioner
53
53
Examination of arrested person by medical officer
54
54
Identification of person arrested
55
55
Procedure when police officer deputes subordinate to arrest without warrant
56
56
Health and safety of arrested person
57
57
Person arrested to be taken before Magistrate or officer in charge of police station
58
58
Person arrested not to be detained more than twenty-four hours
59
59
Police to report apprehensions
60
60
Discharge of person apprehended
61
61
Power, on escape, to pursue and retake
62
62
Arrest to be made strictly according to the Sanhita
63
A
—Summons
64
63
Form of summons
65
64
Summons how served
66
65
Service of summons on corporate bodies, firms, and societies
67
66
Service when persons summoned cannot be found
68
67
Procedure when service cannot be effected as before provided
69
68
Service on Government servant
70
69
Service of summons outside local limits
71
70
Proof of service in such cases and when serving officer not present
72
71
Service of summons on witness by post
73
B
—Warrant of arrest
74
72
Form of warrant of arrest and duration
75
73
Power to direct security to be taken
76
74
Warrants to whom directed
77
75
Warrant may be directed to any person
78
76
Warrant directed to police officer
79
77
Notification of substance of warrant
80
78
Where warrant may be executed
81
79
Where warrant may be executed
82
80
Warrant forwarded for execution outside jurisdiction
83
81
Warrant directed to police officer for execution outside jurisdiction
84
82
Procedure on arrest of person against whom warrant issued
85
83
Procedure by Magistrate before whom such person arrested is brought
86
C
—Proclamation and attachment
87
84
Proclamation for person absconding
88
85
Attachment of property of person absconding
89
86
Identification and attachment of property of proclaimed person
90
87
Claims and objections to attachment
91
88
Release, sale and restoration of attached property
92
89
Appeal from order rejecting application for restoration of attached property
93
D
—Other rules regarding processes
94
90
Issue of warrant in lieu of, or in addition to, summons
95
91
Power to take bond for appearance
96
92
Arrest on breach of bond for appearance
97
93
Provisions of this Chapter generally applicable to summonses and warrants of arrest
98
A
—Summons to produce
99
94
Summons to produce document or other thing
100
95
Procedure as to letters and telegrams
101
B
—Search-warrants
102
96
When search-warrant may be issued
103
97
Search of place suspected to contain stolen property, forged documents, etc
104
98
Power to declare certain publications forfeited and to issue search-warrants for the
105
99
Application to High Court to set aside declaration of forfeiture
106
100
Search for persons wrongfully confined
107
101
Power to compel restoration of abducted females
108
102
Direction, etc, of search-warrants
109
103
Persons in charge of closed place to allow search
110
104
Disposal of things found in search beyond jurisdiction
111
C
—Miscellaneous
112
105
Recording of search and seizure through audio-video electronic means
113
106
Power of police officer to seize certain property
114
107
Attachment, forfeiture or restoration of property
115
108
Magistrate may direct search in his presence
116
109
Power to impound document, etc, produced
117
110
Reciprocal arrangements regarding processes
118
111
Definitions
119
112
Letter of request to competent authority for investigation in a country or place
120
113
Letter of request from a country or place outside India to a Court or an authority for
121
114
Assistance in securing transfer of persons
122
115
Assistance in relation to orders of attachment or forfeiture of property
123
116
Identifying unlawfully acquired property
124
117
Seizure or attachment of property
125
118
Management of properties seized or forfeited under this Chapter
126
119
Notice of forfeiture of property
127
120
Forfeiture of property in certain cases
128
121
Fine in lieu of forfeiture
129
122
Certain transfers to be null and void
130
123
Procedure in respect of letter of request
131
124
Application of this Chapter
132
125
Security for keeping the peace on conviction
133
126
Security for keeping the peace in other cases
134
127
Security for good behaviour from persons disseminating seditious matters
135
128
Security for good behaviour from suspected persons
136
129
Security for good behaviour from habitual offenders
137
130
Order to be made
138
131
Procedure in respect of person present in Court
139
132
Summons or warrant in case of person not so present
140
133
Copy of order to accompany summons or warrant
141
134
Power to dispense with personal attendance
142
135
Inquiry as to truth of information
143
136
Order to give security
144
137
Discharge of person informed against
145
138
Commencement of period for which security is required
146
139
Contents of bond
147
140
Power to reject sureties
148
141
Imprisonment in default of security
149
142
Power to release persons imprisoned for failing to give security
150
143
Security for unexpired period of bond
151
144
Order for maintenance of wives, children and parents
152
145
Procedure
153
146
Alteration in allowance
154
147
Enforcement of order of maintenance
155
A
—Unlawful assemblies
156
148
Dispersal of assembly by use of civil force
157
149
Use of armed forces to disperse assembly
158
150
Power of certain armed force officers to disperse assembly
159
151
Protection against prosecution for acts done under sections 148, 149 and
160
B
—Public nuisances
161
152
Conditional order for removal of nuisance
162
153
Service or notification of order
163
154
Person to whom order is addressed to obey or show cause
164
155
Consequences of his failing to do so
165
156
Procedure where existence of public right is denied
166
157
Procedure where he appears to show cause
167
158
Power of Magistrate to direct local investigation and examination of an expert
168
159
Power of Magistrate to furnish written instructions, etc
169
160
Procedure on order being made absolute and consequences of disobedience
170
161
Injunction pending inquiry
171
162
Magistrate may prohibit repetition or continuance of public nuisance
172
C
—Urgent cases of nuisance or apprehended danger
173
163
Power to issue order in urgent cases of nuisance or apprehended danger
174
D
—Disputes as to immovable property
175
164
Procedure where dispute concerning land or water is likely to cause breach of peace
176
165
Power to attach subject of dispute and to appoint receiver
177
166
Dispute concerning right of use of land or water
178
167
Local inquiry
179
168
Police to prevent cognizable offences
180
169
Information of design to commit cognizable offences
181
170
Arrest to prevent the commission of cognizable offences
182
171
Prevention of injury to public property
183
172
Persons bound to conform to lawful directions of police
184
173
Information in cognizable cases
185
174
Information as to non-cognizable cases and investigation of such cases
186
175
Police officer's power to investigate cognizable case
187
176
Procedure for investigation
188
177
Report how submitted
189
178
Power to hold investigation or preliminary inquiry
190
179
Police officer's power to require attendance of witnesses
191
180
Examination of witnesses by police
192
181
Statements to police not to be signed: Use of statements in evidence
193
182
No inducement to be offered
194
183
Recording of confessions and statements
195
184
Medical examination of the victim of rape
196
185
Search by police officer
197
186
When officer in charge of police station may require another to issue search-warrant
198
187
Procedure when investigation cannot be completed in twenty-four hours
199
188
Report of investigation by subordinate police officer
200
189
Release of accused when evidence deficient
201
190
Cases to be sent to Magistrate, when evidence is sufficient
202
191
Complainant and witnesses not to be required to accompany police officer and not
203
192
Diary of proceedings in investigation
204
193
Report of police officer on completion of investigation
205
194
Police to enquire and report on suicide, etc
206
195
Power to summon persons
207
196
Inquiry by Magistrate into cause of death
208
197
Ordinary place of inquiry and trial
209
198
Place of inquiry or trial
210
199
Offence triable where act is done or consequence ensues
211
200
Place of trial where act is an offence by reason of relation to other offence
212
201
Place of trial in case of certain offences
213
202
Offences committed by means of electronic communications, letters, etc
214
203
Offence committed on journey or voyage
215
204
Place of trial for offences triable together
216
205
Power to order cases to be tried in different sessions divisions
217
206
High Court to decide, in case of doubt, district where inquiry or trial shall take place
218
207
Power to issue summons or warrant for offence committed beyond local jurisdiction
219
208
Offence committed outside India
220
209
Receipt of evidence relating to offences committed outside India
221
210
Cognizance of offences by Magistrates
222
211
Transfer on application of the accused
223
212
Making over of cases to Magistrates
224
213
Cognizance of offences by Courts of Session
225
214
Additional Sessions Judges to try cases made over to them
226
215
Prosecution for contempt of lawful authority of public servants, for offences against
227
216
Procedure for witnesses in case of threatening, etc
228
217
Prosecution for offences against the State and for criminal conspiracy to commit
229
218
Prosecution of Judges and public servants
230
219
Prosecution for offences against marriage
231
220
Prosecution of offences under section 498A of the Bhartiya Nyaya Sanhita,
232
221
Cognizance of offence
233
222
Prosecution for defamation
234
223
Examination of complainant
235
224
Procedure by Magistrate not competent to take cognizance of the case
236
225
Postponement of issue of process
237
226
Dismissal of complaint
238
227
Issue of process
239
228
Magistrate may dispense with personal attendance of accused
240
229
Special summons in cases of petty offence
241
230
Supply to the accused of copy of police report and other documents
242
231
Supply of copies of statements and documents to accused in other cases triable by
243
232
Commitment of case to Court of Session when offence is triable exclusively by it
244
233
Procedure to be followed when there is a complaint case and police investigation in
245
A
—Form of charges
246
234
Contents of charge
247
235
Particulars as to time, place and person
248
236
When manner of committing offence must be stated
249
237
Words in charge taken in sense of law under which offence is punishable
250
238
Effect of errors
251
239
Court may alter charge
252
240
Recall of witnesses when charge altered
253
241
Separate charges for distinct offences
254
242
Offences of same kind within year may be charged together
255
243
Trial for more than one offence
256
244
Where it is doubtful what offence has been committed
257
245
When offence proved included in offence charged
258
246
What persons may be charged jointly
259
247
Withdrawal of remaining charges on conviction on one of several charges
260
248
Trial to be conducted by Public Prosecutor
261
249
Opening case for prosecution
262
250
Discharge
263
251
Framing of charge
264
252
Conviction on plea of guilty
265
253
Date for prosecution evidence
266
254
Evidence for prosecution
267
255
Acquittal
268
256
Entering upon defence
269
257
Arguments
270
258
Judgment of acquittal or conviction
271
259
Previous conviction
272
260
Procedure in cases instituted under section 223(1)
273
A
—Cases instituted on a police report
274
261
Compliance with section
275
262
When accused shall be discharged
276
263
Framing of charge
277
264
Conviction on plea of guilty
278
265
Evidence for prosecution
279
266
Evidence for defence
280
B
—Cases instituted otherwise than on police report
281
267
Evidence for prosecution
282
268
When accused shall be discharged
283
269
Procedure where accused is not discharged
284
270
Evidence for defence
285
C
-Conclusion of trial
286
271
Acquittal or conviction
287
272
Absence of complainant
288
273
Compensation for accusation without reasonable cause
289
274
Substance of accusation to be stated
290
275
Conviction on plea of guilty
291
276
Conviction on plea of guilty in absence of accused in petty cases
292
277
Procedure when not convicted
293
278
Acquittal or conviction
294
279
Non-appearance or death of complainant
295
280
Withdrawal of complaint
296
281
Power to stop proceedings in certain cases
297
282
Power of Court to convert summons-cases into warrant-cases
298
283
Power to try summarily
299
284
Summary trial by Magistrate of the second class
300
285
Procedure for summary trials
301
286
Record in summary trials
302
287
Judgment in cases tried summarily
303
288
Language of record and judgment
304
289
Application of the Chapter
305
290
Application for plea bargaining
306
291
Guidelines for mutually satisfactory disposition
307
292
Report of the mutually satisfactory disposition to be submitted before the Court
308
293
Disposal of the case
309
294
Judgment of the Court
310
295
Finality of the judgment
311
296
Power of the Court in plea bargaining
312
297
Period of detention undergone by the accused to be set off against the sentence of
313
298
Savings
314
299
Statements of accused not to be used
315
300
Non-application of the Chapter
316
301
Definitions
317
302
Power to require attendance of prisoners
318
303
Power of State Government or Central Government to exclude certain persons from
319
304
Officer in charge of prison to abstain from carrying out order in certain contingencies
320
305
Prisoner to be brought to Court in custody
321
306
Power to issue commission for examination of witness in prison
322
A
—Mode of taking and recording evidence
323
307
Language of Courts
324
308
Evidence to be taken in presence of accused
325
309
Record in summons-cases and inquiries
326
310
Record in warrant-cases
327
311
Record in trial before Court of Session
328
312
Language of record of evidence
329
313
Procedure in regard to such evidence when completed
330
314
Interpretation of evidence to accused or his pleader
331
315
Remarks respecting demeanour of witness
332
316
Record of examination of accused
333
317
Interpreter to be bound to interpret truthfully
334
318
Record in High Court
335
B
-Commissions for the examination of witnesses
336
319
When attendance of witness may be dispensed with and commission issued
337
320
Commission to whom to be issued
338
321
Execution of commissions
339
322
Parties may examine witnesses
340
323
Return of commission
341
324
Adjournment of proceeding
342
325
Execution of foreign commissions
343
326
Deposition of medical witness
344
327
Identification report of Magistrate
345
328
Evidence of officers of the Mint
346
329
Reports of certain Government scientific experts
347
330
No formal proof of certain documents
348
331
Affidavit in proof of conduct of public servants
349
332
Evidence of formal character on affidavit
350
333
Authorities before whom affidavits may be sworn
351
334
Previous conviction or acquittal how proved
352
335
Record of evidence in absence of accused
353
336
Evidence of public servants, experts, police officers in certain cases
354
337
Person once convicted or acquitted not to be tried for same offence
355
338
Appearance by Public Prosecutors
356
339
Permission to conduct prosecution
357
340
Right of person against whom proceedings are instituted to be defended
358
341
Legal aid to accused at State expense in certain cases
359
342
Procedure when corporation or registered society is an accused
360
343
Tender of pardon to accomplice
361
344
Power to direct tender of pardon
362
345
Trial of person not complying with conditions of pardon
363
346
Power to postpone or adjourn proceedings
364
347
Local inspection
365
348
Power to summon material witness, or examine person present
366
349
Power of Magistrate to order person to give specimen signatures or handwriting
367
350
Expenses of complainants and witnesses
368
351
Power to examine the accused
369
352
Oral arguments and memorandum of arguments
370
353
Accused person to be competent witness
371
354
No influence to be used to induce disclosure
372
355
Provision for inquiries and trial being held in the absence of accused in certain
373
356
Inquiry, trial or judgment in absentia of proclaimed offender
374
357
Procedure where accused does not understand proceedings
375
358
Power to proceed against other persons appearing to be guilty of offence
376
359
Compounding of offences
377
360
Withdrawal from prosecution
378
361
Procedure in cases which Magistrate cannot dispose of
379
362
Procedure when, after commencement of inquiry or trial, Magistrate finds case should
380
363
Trial of persons previously convicted of offences against coinage, stamp-law or
381
364
Procedure when Magistrate cannot pass sentence sufficiently severe
382
365
Conviction or commitment on evidence partly recorded by one Magistrate and
383
366
Court to be open
384
367
Procedure in case of accused being person with mental illness
385
368
Procedure in case of person with mental illness tried before Court
386
369
Release of person with mental illness pending investigation or trial
387
370
Resumption of inquiry or trial
388
371
Procedure on accused appearing before Magistrate or Court
389
372
When accused appears to have been of sound mind
390
373
Judgment of acquittal on ground of mental illness
391
374
Person acquitted on such ground to be detained in safe custody
392
375
Power of State Government to empower officer-in-charge to discharge
393
376
Procedure where prisoner with mental illness is reported capable of making his
394
377
Procedure where person with mental illness detained is declared fit to be released
395
378
Delivery of person with mental liabilities to care of relative or friend
396
379
Procedure in cases mentioned in section
397
380
Appeal
398
381
Power to order costs
399
382
Procedure of Magistrate taking cognizance
400
383
Summary procedure for trial for giving false evidence
401
384
Procedure in certain cases of contempt
402
385
Procedure where Court considers that case should not be dealt with under section
403
386
When Registrar or Sub-Registrar to be deemed a Civil Court
404
387
Discharge of offender on submission of apology
405
388
Imprisonment or committal of person refusing to answer or produce document
406
389
Summary procedure for punishment for non-attendance by a witness in obedience
407
390
Appeals from convictions under sections 383, 384, 388 and
408
391
Certain Judges and Magistrates not to try certain offences when committed before
409
392
Judgment
410
393
Language and contents of judgment
411
394
Order for notifying address of previously convicted offender
412
395
Order to pay compensation
413
396
Victim compensation scheme
414
397
Treatment of victims
415
398
Witness protection scheme
416
399
Compensation to persons groundlessly arrested
417
400
Order to pay costs in non-cognizable cases
418
401
Order to release on probation of good conduct or after admonition
419
402
Special reasons to be recorded in certain cases
420
403
Court not to alter judgment
421
404
Copy of judgment to be given to the accused and other persons
422
405
Judgment when to be translated
423
406
Court of Session to send copy of finding and sentence to District Magistrate
424
407
Sentence of death to be submitted by Court of Session for confirmation
425
408
Power to direct further inquiry to be made or additional evidence to be taken
426
409
Power of High Court to confirm sentence or annul conviction
427
410
Confirmation or new sentence to be signed by two Judges
428
411
Procedure in case of difference of opinion
429
412
Procedure in cases submitted to High Court for confirmation
430
413
No appeal to lie unless otherwise provided
431
414
Appeal from orders requiring security or refusal to accept or rejecting surety for
432
415
Appeals from convictions
433
416
No appeal in certain cases when accused pleads guilty
434
417
No appeal in petty cases
435
418
Appeal by the State Government against sentence
436
419
Appeal in case of acquittal
437
420
Appeal against conviction by High Court in certain cases
438
421
Special right of appeal in certain cases
439
422
Appeal to Court of Session how heard
440
423
Petition of appeal
441
424
Procedure when appellant in jail
442
425
Summary dismissal of appeal
443
426
Procedure for hearing appeals not dismissed summarily
444
427
Powers of the Appellate Court
445
428
Judgments of Subordinate Appellate Court
446
429
Order of High Court on appeal to be certified to lower Court
447
430
Suspension of sentence pending the appeal; release of appellant on bail
448
431
Arrest of accused in appeal from acquittal
449
432
Appellate Court may take further evidence or direct it to be taken
450
433
Procedure where Judges of Court of Appeal are equally divided
451
434
Finality of judgments and orders on appeal
452
435
Abatement of appeals
453
436
Reference to High Court
454
437
Disposal of case according to decision of High Court
455
438
Calling for records to exercise powers of revision
456
439
Power to order inquiry
457
440
Sessions Judge's powers of revision
458
441
Power of Additional Sessions Judge
459
442
High Court's powers of revision
460
443
Power of High Court to withdraw or transfer revision cases
461
444
Option of Court to hear parties
462
445
Statement by Magistrate of grounds of his decision to be considered by High Court
463
446
High Court's order to be certified to lower Court
464
447
Power of Supreme Court to transfer cases and appeals
465
448
Power of High Court to transfer cases and appeals
466
449
Power of Sessions Judge to transfer cases and appeals
467
450
Withdrawal of cases and appeals by Session Judge
468
451
Withdrawal of cases by Judicial Magistrate
469
452
Making over or withdrawal of cases by Executive Magistrates
470
453
Reasons to be recorded
471
A
—Death Sentences
472
454
Execution of order passed under section
473
455
Execution of sentence of death passed by High Court
474
456
Postponement of execution of sentence of death in case of appeal to Supreme Court
475
457
Postponement of capital sentence on pregnant woman
476
B
—Imprisonment
477
458
Power to appoint place of imprisonment
478
459
Execution of sentence of imprisonment
479
460
Direction of warrant for execution
480
461
Warrant with whom to be lodged
481
C
—Levy of fine
482
462
Warrant for levy of fine
483
463
Effect of such warrant
484
464
Warrant for levy of fine issued by a Court in any territory to which this Sanhita does
485
465
Suspension of execution of sentence of imprisonment
486
D
—General provisions regarding execution
487
466
Who may issue warrant
488
467
Sentence on escaped convict when to take effect
489
468
Sentence on offender already sentenced for another offence
490
469
Period of detention undergone by the accused to be set off against the sentence of
491
470
Saving
492
471
Return of warrant on execution of sentence
493
472
Money ordered to be paid recoverable as a fine
494
473
Mercy Petition in death sentence cases
495
474
Power to suspend or remit sentences
496
475
Power to commute sentence
497
476
Restriction on powers of remission or commutation in certain cases
498
477
Concurrent power of Central Government in case of death sentences
499
478
State Government to act after concurrence with Central Government in certain cases
500
479
Bail and bond
