BNSS

1) Explain under what circumstances the police may arrest without warrant?
Introduction
In the legal sense, the word arrest means taking someone into the custody of a
police or court under the authority of law, for the purpose of holding or detaining
him to answer a criminal charge or preventing the commission of a crime
Grounds of arrest without warrant
Generally, a person shall be arrested when a warrant of arrest has been issued
against him by a competent Magistrate or a Court of law. However under the
authority given in section 35 of BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)
a police officer can arrest a person without an order from a Magistrate and without a
warrant on the following grounds:
 Information of more serious offence: if such person against whom a reasonable
complaint has been made, or credible information has been received, or a
reasonable suspicion exists that he has committed a cognizable offence
punishment with imprisonment for a term which may be less than seven years or
which may extend to 7 years whether with or without fine
 Proclaimed offender: if such person who has been proclaimed as an offender
either under this Sanhita or by order of the state Government; or
 Stolen property: if such person in whose possession anything is found which may
reasonably be suspected to be stolen property and who may reasonably be
suspected of having committed an offence with reference to such thing; or
 Obstruct: if such person obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape, from lawful custody; or
 Desert from the army: if such a person is reasonably suspected of being a
deserter from any of the Armed Forces of the Union; or
 Extradition: if such person has been concerned in, or against whom the
reasonable complaint has been made, or credible information has been received,
or a reasonable suspicion exists, of having been concerned in, any act committed
at any place out of India which, if committed in India, would have been
punishable as an offence, and for which he is, under any law relating to
extradition, or otherwise liable to be apprehended or detained in custody in
India; or
 Released convict: if a person being a released convict, commits a breach of any
rule under sub-section (5) of section 394; or
 Another police officer: if the order has been received whether in writing or oral,
from another police officer that such person is to be arrested and specify that he
has committed such offence.

2) Explain FIR? Discuss its evidentiary value.

The term ‘First Information Report’ has not been defined in the BNSS. The report
first recorded by the police relating to the commission of a cognizable case is the
First Information Report giving information on the cognizable crime.
 This is the information on the basis of which investigation begins. The FIR must be
in writing.
Object
The main objective of filing F.I.R. is to set the criminal law in motion and also to
enable the police officer to start the investigation of the crime committed and collect
all the possible pieces of evidence as soon as possible.
Provisions of FIR registration under BNSS

Evidentiary value of FIR

An FIR is not a substantive piece of evidence. That is, it cannot be considered as
evidence of facts stated therein. However, FIR may be used for the following
purposes:
1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it
cannot be used to contradict or discredit other witnesses.
2. It can be used to contradict an informant witness u/s 145 of Evidence Act.
3. FIR can be used by the defence to impeach the credit of the maker under sec.
155(3) of the Evidence Act.
4. A non-confessional FIR given by an accused can be used as an admission against
him u/s 21 of Evidence Act.
5. FIR can be used as a dying declaration as substantive evidence If it relates to the
cause or occasion or circumstances and facts which resulted in the informant’s
death. within the meaning of section 32(1) of the Evidence Act.
delay in filing FIR
The object of early filing of F.I.R. to the police as soon as possible, in respect of the
commission of the offence is to obtain and receive fresh information regarding the
circumstances and facts which tend to result in the commission of the offence. The
FIR shall have better corroborative value if it is recorded and taken before the
informant’s memory fades and before he starts to forget the facts. Thus, if there is a
delay in lodging FIR and the delay is unreasonable and unexplained, it is likely to
create scope for suspicion or introduction of a concocted story by the prosecution. It
is the duty of the prosecution to explain the delay in lodging FIR. If satisfactorily
explained, it does not lose its evidentiary value. However, mere delay in lodging FIR
is not fatal to the prosecution case.

3) Write a note on investigation?

Introduction
The term ‘investigation’ has been defined in section 2(L) of BNSS, investigation
includes all the proceedings under this Sanhita for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is
authorised by a Magistrate in this behalf
The investigation of an offence consists of:
 Proceeding to the spot
 Ascertainment of facts and circumstances of the case
 Discovery and arrest of the suspect
 Formation of opinion as to whether there is a case for trial, and taking necessary
steps accordingly.
 Who has the Authority to Investigate?
The police officer or any other person who has been authorized by a Magistrate on
his behalf is competent to investigate.
Commencement of Investigation
There are two ways to commence the investigation:
• The police officer in charge has the authority to investigate when the FIR is lodged
 When the complaint has been made to the Magistrate then any person who has
been authorized by the Magistrate can investigate in this regard.
Malafide Investigation
If investigating agencies conduct mala fide investigation, then it is open to
correction by invoking the jurisdiction of the High Court.
Gurman Singh v. State of Rajasthan, 1968 In this case, the Investigating Officer
and the Station House Officer had received information about a murder from an
unknown place. It was held that before the investigation commences a
Magistrate should take cognizance of the offence.
State V. Pareshwar Ghasi, 1967
In this case, it was observed by the court that etymologically, the meaning of
term investigation is that which includes any process involving sifting of
materials or search of any relevant data for the purpose of ascertaining facts in
issue in a matter in hand.

4) What are the processes available to compel a person to appear before a court?
Ways for processes to compel a person to appear before in court they are-
1) Summons
2) Warrant
3) Warrant in lieu of summons
4) Proclamation of an absconder
5) Attachment of his property and
6) Bond with or without sureties to appear before a court on a certain date.

1) Summons
Summons is a document issued by a court of justice calling upon the person to
whom it is directed to attend before a judge or officer of the court. It also means
to notify a defendant that an action has been commenced against him in which
he may file and answer or plead in some other fashion. Summons should be clear
and specified because it is a milder form of process issued for enforcing the
appearance of the accused or of witness and for the production of a document or
thing. According to section 63 of BNSS, every summons issued by a court under
this Sanhita shall be in writing, in duplicate, signed by the presiding officer of
such court, or by such other officer as the High Court may, from time to time by
rule direct and shall bear the seal of the court in an encrypted or any other form
of electronic communication.
2) Warrant
A warrant is a written order of a magistrate giving official authority to arrest a
suspected criminal or accused person. BNSS does not define the expression
warrant of arrest but it is clear from the Sanhita that a warrant is an order
 address to a certain person to arrest the accused, to take him into custody and
bring him before the court issuing the warrant.
3) Warrant in lieu of summons
According to section 90 of BNSS, a court may, in any case in which it is
empowered by this Sanhita to issue a summons for the appearance of any
person, after recording its reasons in writing, a warrant for his arrest-
a. If, either before the issue of such summons, or after the issue of the same but
before the time fixed for his appearance, the court sees reason to believe
that he has absconded or will not obey the summons; or
b. If at such time he fails to appear and the summons is proved to have been
duly served in time to admit of his appearing in accordance therewith and no
reasonable excuse is offered for such failure.
4) Proclamation of an absconder
Section 84 of BNSS 2023 provides-
1. A court may issue a written proclamation requiring someone to appear at a
specified location and time within thirty days of the proclamation's
publication if it has reason to believe—whether or not it has taken evidence
—that the person against whom the warrant has been issued has fled or is
hiding so that the warrant cannot be executed.
2. The proclamation shall be published as follows:-
(1)(a) it shall be publicly read in some conspicuous place of the town or
village in which such person ordinarily resides;
(b) a copy thereof shall be affixed to some conspicuous part of the Court-
house;
3. Where a proclamation published under sub-section (1) is in respect of a
person accused of an offence which is made punishable with imprisonment
of 10 years or more, or imprisonment for life or with death under the
BNSS,2023
5) Attachment of his property
section 85 of BNSS provides that:-
(1) The Court issuing a proclamation under section 84 may, at any time after
the proclamation is issued, order the attachment of any property, either
immovable or moveable, or both, belonging to the proclaimed person for
grounds to be documented in writing: if the court is convinced With the
proclamation, either by an affidavit or another method, that the
individual to whom the proclamation is to be issued,
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the
local jurisdiction of the Court, it may order the attachment
simultaneously with the issue of the proclamation.
(2) If the property ordered to be attached is a debt or other movable
property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person or to anyone on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit
 (6) Bond with or without sureties to appear before a court on a certain
date:-
Section 91 of BNSS deals with the power to take bond for appearance. It
provides that Any person who is present in a court where the officer in
charge has the authority to issue a summons or warrant for their arrest or
appearance may be asked to sign a bond, with or without sureties,
committing him to appear in that court or any other court where the case
may be transferred for trial.

Where a
4.

proclamation
published under sub-
section (1) is in
respect of a
person accused of an
offenc