Bharatiya Nagarik Suraksha Sanhita, 2023: SHORT-NOTE AND CHAPTER-WISE MCQ

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Preliminary Judicial Services Exam Notes on Bharatiya Nagarik Suraksha Sanhita, 2023

CHAPTER I: PRELIMINARY

  • Short Title, Extent & Commencement (Sec 1): Applicability of the Act, excludes Nagaland & Tribal Areas unless notified.
  • Definitions (Sec 2):
    • Cognizable Offence – Offence where police can arrest without a warrant.
    • Non-Cognizable Offence – Requires prior approval from a Magistrate.
    • Bail – Release of an accused with or without surety.
    • Public Prosecutor – Appointed for conducting prosecutions.
    • Charge – A formal accusation against an accused.

CHAPTER II: CONSTITUTION OF CRIMINAL COURTS

  • Classes of Criminal Courts (Sec 6):
    • High Courts
    • Sessions Courts
    • Judicial Magistrates (First & Second Class)
    • Executive Magistrates
  • Court of Session (Sec 8): Established in every session division.
  • Magistrates' Powers (Sec 9-12): Jurisdiction, appointments, and subordination of Judicial & Executive Magistrates.

CHAPTER III: POWER OF COURTS

  • Jurisdiction & Sentencing Powers
    • High Courts & Sessions Judges (Sec 22) – Can impose any sentence, subject to death penalty confirmation.
    • Magistrates (Sec 23) –
      • Chief Judicial Magistrate: Up to 7 years imprisonment.
      • First-Class Magistrate: Up to 3 years imprisonment or ₹50,000 fine.
      • Second-Class Magistrate: Up to 1 year imprisonment or ₹10,000 fine.
  • Concurrent & Consecutive Sentences (Sec 25) – Maximum imprisonment not exceeding 20 years.

CHAPTER IV: POWERS OF POLICE & AID TO MAGISTRATES

  • Superior Police Officers' Powers (Sec 30) – Can exercise powers of station-in-charge.
  • Public's Duty to Assist Police (Sec 31) – Assist in arrest, preventing escape, or public disturbances.

CHAPTER V: ARREST PROCEDURES

  • Police Arrest Without Warrant (Sec 35) – For cognizable offences, absconders, and habitual offenders.
  • Rights of Arrested Persons (Sec 38-47):
    • Right to legal counsel.
    • Right to be informed of charges & bail conditions.
    • Right to medical examination (Sec 51-53).
    • No detention beyond 24 hours without Magistrate approval (Sec 58).

CHAPTER VI: SUMMONS & WARRANTS

  • Summons (Sec 63-70) – Official order to appear before a court.
  • Warrant of Arrest (Sec 72-83) – Issued when summons are ineffective.
  • Proclamation & Attachment (Sec 84-89) – For absconding persons.

CHAPTER VII: SEARCH & SEIZURE

  • Search Warrants (Sec 96-100) – To locate stolen property or evidence.
  • Electronic Evidence Collection (Sec 105) – Audio/video documentation of searches.
  • Police Power to Seize Property (Sec 106) – When found under suspicious circumstances.

CHAPTER VIII: INTERNATIONAL COOPERATION

  • Mutual Legal Assistance (Sec 111-124) – India’s cooperation in foreign investigations, asset recovery.

CHAPTER IX: SECURITY FOR KEEPING PEACE

  • Preventive Detention (Sec 125-143) – Against habitual offenders, unlawful assemblies.

CHAPTER X: MAINTENANCE OF FAMILY MEMBERS

  • Maintenance Orders (Sec 144-147) – For wives, children, and parents.

CHAPTER XI: PUBLIC ORDER & UNLAWFUL ASSEMBLIES

  • Crowd Dispersal (Sec 148-150) – By police & armed forces.
  • Public Nuisance Control (Sec 152-162) – Orders to remove obstructions, enforce injunctions.

CHAPTER XIII: POLICE INVESTIGATION

  • FIR Registration (Sec 173-175) – First step in investigation.
  • Powers to Investigate (Sec 176-193) – Recording witness statements, medical exams, evidence collection.

CHAPTER XIV: TRIAL JURISDICTION

  • Offences & Jurisdiction (Sec 197-209) – Trials based on offence location, electronic evidence handling.

CHAPTER XV: INITIATION OF CRIMINAL PROCEEDINGS

  • Taking Cognizance (Sec 210-222) – Magistrate’s power to initiate trials.
  • Defamation & Marriage Offences (Sec 219-222) – Special provisions for prosecution.

CHAPTER XVI: COMPLAINTS TO MAGISTRATES

  • Procedure for Complaints (Sec 223-226) – Examination of complainant, dismissal conditions.

CHAPTER XVII: TRIAL PROCEDURES

  • Warrant Cases (Sec 261-273) – Trials based on police reports or private complaints.
  • Summons Cases (Sec 274-282) – Quick proceedings, lesser punishment.
  • Summary Trials (Sec 283-288) – For petty offences.

CHAPTER XXIII: PLEA BARGAINING

  • Plea Bargaining (Sec 289-300) – Accused pleads guilty in exchange for reduced sentence.

CHAPTER XXV: EVIDENCE HANDLING

  • Recording of Statements (Sec 307-318) – Must be in the accused’s presence.
  • Medical & Scientific Evidence (Sec 326-336) – Reports admissible without formal proof.

CHAPTER XXVI: GENERAL TRIAL PROVISIONS

  • Rights of the Accused (Sec 337-354) – Right to defense, no forced confessions.
  • Prosecution Withdrawal (Sec 360-364) – Allowed under certain conditions.

CHAPTER XXVII: ACCUSED PERSONS OF UNSOUND MIND

  • Mental Health Proceedings (Sec 367-378) – Special custody, medical assessment required.

CHAPTER XXVIII: OFFENCES AGAINST JUDICIARY

  • False Evidence & Contempt (Sec 379-391) – Quick punishment for perjury, non-cooperation.

CHAPTER XXIX: JUDGMENT & COMPENSATION

  • Pronouncement of Judgment (Sec 392-406) – Includes compensation for wrongful arrests.

CHAPTER XXXI: APPEALS & REVISIONS

  • Appeal Rights (Sec 413-435) – No appeal if guilty plea is accepted.

CHAPTER XXXV: BAIL & BONDS

  • When Bail Can Be Granted (Sec 478-496) – For non-bailable offences, only by discretion.

CHAPTER XXXVI: DISPOSAL OF PROPERTY

  • Seized Property Handling (Sec 497-505) – Disposal after trial conclusion.

KEY TERMS & IMPORTANT CONCEPTS

  • Cognizable vs. Non-Cognizable Offences
  • Bailable vs. Non-Bailable Offences
  • Summons vs. Warrant Cases
  • Trial by Sessions Court vs. Magistrate
  • Plea Bargaining Mechanism
  • Victim Compensation & Witness Protection

This structured note set covers the essential provisions of Bharatiya Nagarik Suraksha Sanhita, 2023, focusing on key terms and provisions relevant for Judicial Services Examinations. 

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