Law of Crimes-II (BNSS)
PART-A: Short Answer Questions
a) Complaint: A "complaint" is any allegation made orally or in writing to a Magistrate, with a view to their taking action under the Bharatiya Nagarika Suraksha Sanhita (BNSS), that some person, whether known or unknown, has committed an offence. It does not include a police report.
b) Bail: Bail is the temporary release of an accused person awaiting trial, often on the condition that a sum of money or property be lodged with the court to guarantee their appearance when required. The provisions governing bail are contained in Sections 478–496 of the BNSS.
c) Search: A search is an action by a police officer or authority to inspect a person’s property to find evidence of a crime. It may be conducted with or without a warrant as per Sections 96–108 and 185–186 of the BNSS.
d) Discharge: A discharge is an order passed by a Magistrate when there are insufficient grounds to proceed against the accused. It differs from an acquittal as it occurs before the trial concludes.
e) Juvenile: A "juvenile" or "child" is a person below eighteen years of age. Under the Juvenile Justice (Care and Protection of Children) Act, such cases are handled by the Juvenile Justice Board focusing on rehabilitation, not punishment.
f) Accused: An "accused" is a person charged with or suspected of committing a crime. Their rights — including the presumption of innocence, fair trial, and protection from self-incrimination — are guaranteed under the Constitution and the BNSS.
g) Charge: A "charge" is a formal accusation framed by a court stating the offence and law under which the accused is charged. It is governed by Sections 234–240 of the BNSS.
h) Probation Officer: A probation officer, appointed under the Probation of Offenders Act, 1958, supervises offenders released on probation and assists in their rehabilitation.
PART-B: Essay Questions
2A. Procedure for Trial of Warrant Cases by a Magistrate
A warrant case relates to offences punishable with death, life imprisonment, or imprisonment exceeding two years. Detailed in Sections 261–273 of the BNSS, this procedure ensures fairness in serious offences.
- Supply of Police Report to the Accused
- Discharge (Sec. 262)
- Framing of Charge (Sec. 263)
- Conviction on Plea of Guilty (Sec. 264)
- Evidence for Prosecution (Sec. 265)
- Evidence for Defence (Sec. 266)
- Acquittal or Conviction
2B. Procedure for Trial of Summons Cases by Magistrate
Summons cases relate to offences punishable with imprisonment up to two years. The procedure under Sections 274–288 of the BNSS is simpler and faster.
- Explanation of Accusation (Sec. 274)
- Plea of the Accused
- Conviction on Plea of Guilty (Sec. 275)
- Hearing Prosecution and Defence
- Acquittal or Conviction (Sec. 277)
3A. Circumstances of Arrest Without Warrant
Under Section 35 of the BNSS, a police officer may arrest without a warrant in several situations such as committing a cognizable offence in their presence, being a proclaimed offender, or possessing stolen property.
3B. Hierarchy of Criminal Courts and Jurisdiction
- Supreme Court of India: Apex appellate authority.
- High Courts: Supervisory and revisional powers over all subordinate courts.
- Courts of Session: Highest district-level criminal courts.
- Judicial Magistrates: CJM, JMFC, and JMSC with varying sentencing powers.
- Executive Magistrates: Handle law and order and preventive measures.
4A. Anticipatory Bail under BNSS
Anticipatory bail under Section 482 of the BNSS protects individuals from arrest for non-bailable offences. It can be granted by the High Court or Court of Session with conditions like cooperation with investigation and travel restrictions.
4B. Law Relating to Probation and Parole
- Probation: Release instead of imprisonment under supervision (Probation of Offenders Act, 1958).
- Parole: Conditional release after serving part of a prison sentence for rehabilitation.
5A. Security for Keeping Peace and Good Behaviour
Under Sections 125–143 of the BNSS, Executive Magistrates can demand bonds for maintaining peace from persons likely to disturb public tranquility.
5B. Maintenance of Wife, Children, and Parents (Sec. 144 BNSS)
Section 144 allows maintenance claims by wives, children, and parents unable to maintain themselves. The Magistrate of First Class may order a monthly allowance after summary proceedings.
PART-C: Problem Questions
6. Legality of Confiscation and Destruction of Books
The Magistrate’s order to destroy obscene books is legal. Even after acquittal, the court can order destruction of objectionable property to prevent public nuisance.
7. Juvenile Sentencing and Rehabilitation
A 14-year-old guilty of theft cannot be jailed. As per the Juvenile Justice Act, they must be referred to the Juvenile Justice Board for rehabilitation.
8. Violation of Bail Conditions
If an accused violates bail conditions, the prosecution may apply for cancellation of bail. The court can revoke bail and issue a non-bailable warrant.
9. Maintenance Claim by a 70-Year-Old Woman
Under Section 144 BNSS, a parent can file for maintenance before the Judicial Magistrate of the First Class against children who have sufficient means but refuse to maintain them.
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