Q) Charge and Joinder of Charges/Separate charge is the rule and joinder of charge is the

exception

Chapter XVIII deals with Charge. Part A deals with the Form of Charges and Part B deals with
the Joinder of Charges from Sections 234 – 247

CHARGE

 A charge is a formal accusation or allegation that an individual has committed a

specific offense.
 It’s a written document prepared by the prosecution, specifying the offense the
accused is alleged to have committed and the legal provisions applicable to that
offense.
 The charge serves as a base for trial and informs the accused of the allegations made
against him
Elements of charge:
 Description of the offense (s. 236)
 Details of crime ( section 235 – read along with s. 242)
i) Time and place of crime
ii) Persons involved
iii) Nature of the act
Purpose and importance:
 notice to the accused
 structure to the trial
 ensuring fairness
Section 234: Contents of charge:
 States the offense with which the accused is charged
 Description of the offense
 State enough definition of the offense to give the accused notice of the matters that
he/she is charged with
 Describing the sections and law
 Written in the language of the court
Errors: Section 238-240:
 No typographical errors or clerical errors
 Material error which may mislead the accused and is rectified by the court
 Alteration of error (addition to charges) – read and explained to the accused
 Recalling witnesses and re-summoning them and examining them
i) Case law: Ranbir Yadav v. State of Bihar – SC held that,
after alteration of charges the interest of the prosecution
 and accused has to be safeguarded by commuting them to
cross-examine the witnesses who are already examined
Framing of charges: section 251
Formally defines the accusations against the defendant, establishing the structure and focus
for trial. Ensures that the accused is fully aware and informed of the allegations, enabling
them to prepare their defense accordingly.
Elements of framing of charges:

i) Contents and specifications of charge (sections 234-238) : for an explanation

refer to the above content under charge
ii) Flexibility in charge: (section 238-240): explanation refer to the above content
under charge
Importance:
i) Ensures fair trial
ii) Provides clarity
iii) Prevents arbitrary prosecution and
iv) Sets the scope of the trial
Process of framing charges:
i) Examination of evidence
ii) Hearing arguments
iii) Determining the prima facie case: The magistrate determines if there’s prima
facie against the accused
iv) Framing charges: done after establishing prima facie of the case by the
magistrate, and charges shall contain the specific details as mentioned under
section 234 of the Act, 2023
v) Reading and explanation of charges

JOINDER OF CHARGES: Section 241 – 247

Joinder of charges refers to the practice of combining multiple charges or offenses in a

single trial, which can simplify judicial processes when the offenses are connected. The BNSS
act provides various scenarios for joinder, helping streamline cases and avoid separate trials
for connected actions.

Outline of joinder of charges: (Illustrations are a must for all these)

Section 241 – general principle/rule – separate trials for distinct offenses

Section 242: When a person commits similar offenses within a year, they can be tried
together.
- Up to 5 charges can be tried together in a trial.
- Applies to repeat and serial offenders and offenses include the same level of punishment
under the law.
Example: A pickpocket steals wallets three times in six months; all cases can be tried
together.

Section 243: When multiple offenses are part of the same incident, they can be tried
together. Category addresses organized criminal crimes
Example: A person robs a shop and assaults the owner while escaping; both offenses are
tried together.

Section 244: If there's doubt about the exact offense committed, the charge can cover
multiple possibilities.
multiple charges may be framed alternatively
during the trial, the kind of offense is clarified then the court can proceed with the most
appropriate charge.
Example: A person attacks someone, but it’s unclear if it was an attempt to murder or just
grievous hurt.

Section 245: If the offense proven matches the charge, the accused is convicted accordingly.
A person can be convicted of a lesser offense if its elements are proven, even if they were
not specifically charged with it.

Example: A person charged with theft is proven guilty of theft; they are convicted for it.
bare act illn: A is charged with causing grievous hurt, but he proves he acted in sudden
anger due to provocation. So, he can be convicted of a lesser offense under Section 120
instead.

Section 246: When multiple people commit an offense together, they can be charged jointly.
Example: Three people plan and execute a bank robbery; all are charged together even
though only one was involved in the actual robbery and the other two helped in planning
the robbery.

Section 247: The prosecutor can withdraw charges under certain conditions.
Example: If the victim and accused settle in a minor assault case, the prosecutor may
withdraw the case.

Section 241: For every distinct offense, there is a separate charge and separate trial: (asked
as a separate question)
GENERAL RULE:
for every distinct offense with which a person is accused, there shall be a separate charge,
and every such charge is tried separately
Ensures that an accused is not prejudiced by simultaneous trials of multiple offenses. By
separation of charges, the court can focus on the specific facts and evidence relevant to
each offense and prevent any potential confusion or bias that could arise from trying
multiple offenses
Two offenses are distinguishable if they are non-identical and in no way related to each
other. They are distinguished in the following ways:
i) Different time and place
ii) Different victims
iii) Offense covered by different sections
An exception to the basic rule is:
Situations where the charges are tried together are more efficient and do not harm the
interest of the accused. Therefore section 241 allows for a proviso that allows for joint trial
under certain circumstances. ( you can also state a one-line explanation for sections 242-
247)
 Accused’s request: the accused must make a written application expressing their
desire for a joint trial which is done with the consent of the accused

 Magistrate’s opinion: The magistrate must ensure that a joint trial does not
prejudice the accused.

Rationale Behind Separate Trials:

 Ensures Fairness: If multiple offenses are tried together without connection, it may
prejudice the accused.
 Avoids Confusion: Separate trials ensure clarity in proving each offense distinctly.
 Prevents Miscarriage of Justice: Each case is decided based on its facts and evidence.

Case Study questions under this topic:

Q)'A' is accused of theft on one occasion and causing grievous hurt on another occasion. Can
'A' be charged jointly and tried in one trial? Give reasons

Ans: No, A cannot be charged and tried jointly for theft and grievous hurt committed on
different occasions.

Reason:
As per Section 242 (related to Section 235 of the Bharatiya Nagarik Suraksha Sanhita, 2023),
offenses of the same kind committed within a year can be tried together. However, theft
and grievous hurt are completely different offenses in nature and do not fall under the same
category.

For a joint trial, the offenses must either:

1. Be of the same kind and committed within a year (Section 242), or

2. Arise from the same transaction (Section 243).

Since these offenses are separate and unrelated, A must be tried separately for each.
Q) ‘A’ tried for causing grievous hurt is convicted. The victim later dies. Can ‘A’ be tried again
for culpable homicide in the same facts

Ans: Yes, A can be tried again for culpable homicide, even after being convicted for grievous
hurt, based on Section 338(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Reason:

As per Section 338(3), if a person is convicted of an offense and later consequences arise
that change the nature of the crime, they can be retried for the new, more serious offense.

In this case:

 A was convicted for grievous hurt.

 The victim later dies, which changes the offense from grievous hurt to culpable
homicide.
 Since the court did not know about the victim’s death at the time of the first
conviction, A can now be tried for culpable homicide separately.

This is an exception to double jeopardy, as the new offense (culpable homicide) arises from
later consequences that were unknown at the time of the first trial.

Q) 'A' commits robbery on 'B' and in doing so voluntarily causes hurt to him. Can he be
separately charged and convicted for these offenses in the same trial ? Decide.

Yes, A can be separately charged and convicted for both robbery and voluntarily causing
hurt in the same trial.

Reason:

Under Section 243 of the Bharatiya Nagarik Suraksha Sanhita, 2023, multiple offenses
committed as part of the same transaction can be charged and tried together.

 Robbery (Section 302 of the BNS, 2023): If force or harm is used during theft, it
becomes robbery.
 Voluntarily causing hurt (Section 110 of the BNS, 2023): Since A intentionally hurt B
while committing robbery, this is a separate offense.

Since both offenses arose from the same act (robbery + hurt in the process), A can be
charged for both and convicted in the same trial without violating double jeopardy.

Q) 'B' is accused of an offence. The court has altered the charge. Without explaining the
altered charges to him, 'B' is convicted for the said offense. Is the conviction legal?
No, the conviction is not legal as the new charges are not explained to the accused. When
the charges are altered or changed under sections 238-240 of the BNSS, the same must be
communicated to the accused. This is done to ensure that the accused is not prejudiced.
Q) X' is accused of an act which may amount to theft or receiving the stolen property or
criminal breach of trust or cheating. How he may be charged

Ans: In this case, X can be charged with multiple offenses under Section 244(1) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, which allows the framing of alternative charges if
the accused’s act could constitute different offenses.

How X may be charged:

 X can be charged with theft, receiving stolen property, criminal breach of trust, or
cheating, based on the facts presented during the trial.
 Since it's unclear which offense was committed, the court can frame alternative
charges under Section 244(1), giving X an opportunity to defend against each
possible charge.

Example:

 If X is suspected of committing an act that could be theft or receiving stolen goods,

the charge could include both theft and receiving stolen property, allowing the court
to decide based on evidence.

Bail and bail bond

Word is taken from the French word ‘Baillier’ which means to deliver or handover
Black's Law Dictionary describes it as a security like money or bond, often required by a
court to release a prisoner who must appear later.
In Gurbaksh Singh v. State of Punjab 1980, the SC held that grant of bail means to set at
liberty a person arrested or imprisoned on security being taken off his appearance in the
court on a particular day. The word 'bail' covers release on one's own bond.
The main goal of granting bail to an accused person in detention is to guarantee that the
accused will not be imprisoned during the trial process, provided that he does not pose a
threat to society, falsify evidence, or coerce a witness
Definition of Bail under Bharatiya Nagarik Suraksha Sanhita
The Criminal Procedure Code 1973 doesn't define bail, bail bond, and bond, but the BNSS
has introduced these terms. According to the definition clause under Section 2(1) of BNSS
(b) "bail" means the release of a person accused of or suspected of the commission of an
offense from the custody of law upon certain conditions imposed by an officer or Court on
execution by such per of a bond or a bail bond;
(d) "bail bond" means an undertaking for release with surety;
(e) "bond" means a personal bond or an undertaking for release without surety;
Kinds of Bail:
 1. Anticipatory bail: Granted to the person who anticipated being charged with a non-
bailable offense
2. Regular bail: Released from custody pending trial or investigation executing bond
with sureties (section 478)
Types of regular bail:
i) Regular bail for bailable offense: bail is the right of a person
ii) Regular bail for nonbailable offense: bail is discretionary (section 480)
3. Interim bail: granted for a short time before hearing regular bail or anticipatory bail
4. Default bail: statutory bail is granted when the police/ investigation agency fails to
charge sheet or complaint within 60 or 90 days
5. Medical bail: granted to individuals based solely on medical grounds
Regular bail:
Regular bail is a type of bail granted to a person accused of a crime and in judicial custody.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 provides for regular bail under
Section 478.
What is regular bail?
 Regular bail is granted to an accused person during the trial process.
 It can be granted for non-bailable offenses at discretion.
 A court can order the release of the accused person on bail.

Who can apply for regular bail?

A person who has been arrested or detained without a warrant for a non-bailable offense
can apply for regular bail.
A person can apply for regular bail before any court other than a High Court or Court of
Sessions.
Section 478 – provisions for regular bail
i) Arrested for a bailable offense must be released on bail. If they are unable to
provide for surety they shall be discharged on personal bond.
ii) Violation of bail conditions, the court may refuse bail for subsequent
appearances.
Rasiklal v. Kishore Khanchand Wadhwani (AIR 2009 1341)

The Supreme Court emphasized that bail in bailable offenses is an absolute right under
Section 436 of CrPC (now Section 478 of BNSS). Once an accused offers to furnish bail, the
police or court must grant it without discretion. The court also noted that an indigent
person can be released on a personal bond instead of furnishing surety. However, this right
does not extend to non-bailable offenses, where bail is granted at the court’s discretion.

Bail for Non- bailable offences: section 480

A person accused of or suspected of the commission of any bailable offense is arrested or
detained without warrant by an officer in charge of a police station or appears or is brought
before the HC or Court of sessions he may be released on bail on conditions:
Subsection (1) – Bail in Non-Bailable Cases

A person accused of a non-bailable offense may be granted bail except in certain cases.

 (i) No Bail for Serious Offenses: Bail cannot be granted if the accused faces death or
life imprisonment and there are reasonable grounds for guilt.
 (ii) No Bail for Repeat Offenders: Bail cannot be granted if the accused has a prior
conviction for a serious offense or multiple prior convictions.

Provisos (Exceptions)

 Exception for Vulnerable Accused: Bail may be granted to women, children, sick, or
infirm persons despite the above restrictions.
 Exception for Special Reasons: Bail may be granted in repeat offense cases if the
court finds a just and proper reason.
 Identification & Police Custody: Bail cannot be denied solely because the accused is
required for identification or police custody beyond 15 days.
 Public Prosecutor’s Hearing: Bail cannot be granted in serious offenses without
hearing the Public Prosecutor.

Subsection (2) – Bail Due to Lack of Strong Evidence

If there are no reasonable grounds for guilt but further inquiry is needed, bail may be
granted.

Subsection (3) – Bail Conditions

When granting bail for serious offenses, the court must impose conditions:

 (a) Court Attendance: The accused must appear as per bail bond conditions.
 (b) No Repeat Offense: The accused must not commit a similar offense.
 (c) No Tampering or Threats: The accused must not influence witnesses or tamper
with evidence.
 Other Conditions: The court may impose additional conditions in the interest of
justice.

Subsection (4) – Recording of Reasons

The court must record reasons in writing when granting bail in non-bailable offenses.

Subsection (5) – Cancellation of Bail

The court may revoke bail and order the re-arrest of the accused if necessary.
Subsection (6) – Speedy Trial Bail

If a Magistrate trial isn’t completed within 60 days, the accused must be granted bail unless
the court states otherwise.

Subsection (7) – Post-Trial Bail

If the court believes the accused is likely to be acquitted, bail must be granted before
judgment.

[this case law is based on CrPC and not BNSS, so the sections given here are of CrPC!]
In Bashir and Others v. State of Haryana (1977), the Supreme Court clarified that bail
granted under Section 437(1) or (2) can be canceled under Section 437(5) if the court finds it
necessary to re-arrest and commit the accused to custody. It further held that bail granted
under Section 167(2), due to the prosecution exceeding the 60-day custody limit, is
considered regular bail under Chapter XXXIII, making it subject to cancellation under Section
437(5). Additionally, if an accused was released under Section 437(2) due to insufficient
evidence but later, an inquiry finds enough grounds for guilt, the court can revoke bail.
However, the mere filing of a charge sheet after bail under Section 167(2) is not, by itself, a
valid reason for cancellation.

Anticipatory Bail Section 482:

(1)An individual can seek or request bail in anticipation or in expectation of being named or
accused of having committed a non-bailable offense.
The law prohibits the accused of gang rape involving women under the age of 18 (before 16)
for anticipatory bail.
Section 482 (2) – conditions applicable for anticipatory bail:

Conditions imposed by High Court or Sessions Court when granting bail:

o (i) Availability for interrogation – The accused must cooperate with police
questioning as required.
o (ii) No inducement or threats – The accused must not influence witnesses or
interfere with the investigation.
o (iii) Travel restrictions – The accused cannot leave India without prior court
permission.
o (iv) Additional conditions – Any other conditions under Section 480(3), as if
bail were granted under that section.

Section 482(4) :

This section excludes cases involving the arrest of a person accused under Section 65 and
sub-section (2) of Section 70 of the Bharati Nyaya Sanhita, 2023, from its application.
(3): If a person arrested without a warrant offers bail, they must be released on bail, and if a
Magistrate decides to issue a warrant, it should be bailable under sub-section (1).

Case Law:

In Lavesh vs. State (NCT of Delhi) (2012), the Supreme Court ruled that anticipatory bail
cannot be granted to an accused who is absconding and has been declared a proclaimed
offender under Section 82 of the CrPC. The Court emphasized that if a person is deliberately
evading arrest or has concealed themselves to avoid the execution of a warrant, they are
not entitled to seek anticipatory bail. This decision reaffirmed that the relief of anticipatory
bail is not available to individuals trying to evade legal proceedings.

Special Powers of the High Court: Section 483

The HC or Sessions court has the authority to review and either confirm or modify, or cancel
the bail granted by lower courts.

Q) 'A' makes an application for regular bail in the court of session. The application is
rejected. Now he wants to make a fresh application for anticipatory bail under Section 438
Cr. P.C. in the High Court. Advise him.

In this situation, A can still apply for anticipatory bail under Section 438 CrPC (482 in BNSS)
in the High Court, even though his regular bail application was rejected by the Sessions
Court.

The rejection of regular bail does not bar the filing of an anticipatory bail application, as
both remedies are independent of each other. However, the High Court will consider the
facts and circumstances of the case, including whether there is any justification for granting
anticipatory bail based on the nature of the offense and the applicant's conduct.

Q) Magisterial power to cognizance and timelines to complete his proceedings

Chapter XV of the BNSS, 2023 deals with CONDITIONS REQUIRED FOR INITIATION OF
PROCEEDINGS [Section 210-222]
Cognizance of offense is the formal action by which a magistrate or Judge recognizes and
initiates judicial proceedings in response to an alleged offense. The BNSS describes in detail
about power of magistrates to take cognizance of offence.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines conditions under Secs 210 to
233 for initiating criminal proceedings, ensuring procedural safeguards and fairness. A case
may be initiated either on a police report (for cognizable offenses) or on a private complaint
(for non-cognizable offenses).
Section 210 Cognizance of offence by Magistrate:
Magistrate of FC or SC can take cognizance of the offense through
 i) Receiving a complaint through a person or by authority of
law that presents the facts clearly and constitutes a
cognizable offense
ii) Through police reports – by completing the investigation,
the magistrates receive a report of the same and the
magistrate shall review it to consider if it is a cognizable
offense or not
iii) Information received through a person other than the
police officer or upon his own knowledge. Empowers the
magistrate to act independently upon receiving credible
information

The Chief Judicial Magistrate can authorize a Second-Class Magistrate to take cognizance of
offenses within their jurisdiction.

A Magistrate empowered under this section can take cognizance of a complaint against a
public servant only after receiving a report from their superior officer and considering the
public servant’s explanation of the incident.

CONDITIONS AND RESTRICTION OF MAGISTRATE:

i) The Magistrate must be in competent authority (jurisdiction and power) to take

up cognizance of offense.
ii) The magistrate must examine the complainant and any witnesses present on
oath for complaints that are given in writing.
iii) Has the power to conduct a preliminary investigation or order an investigation by
the police
iv) He shall dismiss the complaint if there are no sufficient grounds for proceeding
v) Special provisions are provided under the act under section 215-222

TIMELINES FOR COMPLETING PROCEEDINGS: [Section 230, 262, 285, Section 290, 346]

(section 346)(1)
i) Inquiry or trial to be conducted on a day-to-day basis until all witnesses are
examined unless an adjournment is required
ii) There is a two-month time limit i.e. 60 days for winding up of a trial in certain
cases like rape or offenses against a woman or children after filing of charge
sheet
(section 346)(2)
iii) If the magistrate finds it necessary then an adjournment shall be granted at the
request of a party
a) The court has the power to adjourn and shall be granted when
the circumstances are beyond the control of the party
 b) Courts must provide written justification for any adjournments
recording the reasons for delay in court proceedings
c) If witnesses are present the court shall prioritize the
examination of witnesses rather than passing an adjournment
d) The court shall grant strictly follow two adjournments per party
e) Courts can’t grant adjournment solely for allowing the accused
time to argue against sentencing where guilt is already proven.
f) Maximum period of remand in case of adjournment is 15 days
at a time, done to prevent prolonged pre-trial detention.
iv) In warrant cases, the magistrate shall furnish documents to the accused within
14 days of their offense – Section 230
v) The accused can apply for discharge within 60 days of the supply of documents
S.262(1)
vi) Charges must be framed within 60 days from the first hearing. S.263(1)
vii) Courts are required to issue rulings within 30 days after the completion of
arguments. S.285 (4)
viii) The person shall apply for plea bargaining within 30 days of framing of charges.
S.290(1)

Kinds of Offenses (just read the first two types as that’s what is dealt in this unit and add it
as a part of intro or extra content)

BNSS, 2023 classifies offenses into several categories, focusing on their nature and the legal
implications. The primary classifications are:

1) Cognizable and non-cognizable: section 2(b) and 2(o)

i) Cognizable offense – serious offenses, where the law
enforcement agencies take strict actions and arrest the
accused without a warrant and initiate an investigation
without prior approval from a magistrate. Eg: Murder,
rape, dacoity
ii) Non – Cognizable offenses- offenses that are considered
less serious and the accused is arrested with a warrant and
the police can't investigate without prior approval from a
magistrate Eg: defamation, simple hurt, public mischief
2) Bailable and Non–bailable: section 2(c )
i) Bailable offenses - the offender has the right to be released
on bail, which generally applies to less serious offenses. Eg:
Adultery, voluntarily causing hurt
ii) Non–bailable offenses – offenses that are more serious in
nature and grant of bail is rare in such cases eg: murder,
kidnapping
3) Compoundable and non – non-compoundable offenses: section 359
 i) Compoundable offenses: offenses resolved through mutual
agreement between the parties involved, often requiring
court approval. Eg: defamation, voluntarily causing hurt –
[ does not require court permission] theft, criminal breach
of trust[ – require court permission]
ii) Non-compoundable offenses: can’t be steeled privately
and must proceed through legal proceedings due to their
serious nature. Eg: murder, rape

Q) Limitations of Court to take cognizance of offense

Section 215-222 of Chapter XV of BNSS, 2023 discusses the limitations of courts to take
cognizance of the offense

2. Requirement of a Complaint by a Public Servant (Section 215)

o Courts cannot take cognizance of offences related to contempt of public
servants, obstruction of justice, and falsification of documents unless a
complaint is filed by the concerned public servant or an authorized superior.
3. Restrictions on Cases Related to Court Proceedings (Section 215(1)(b))
o For offences like perjury, fabrication of evidence, and offences affecting the
administration of justice, cognizance can only be taken on a complaint by the
court where the alleged offence occurred.
4. Government Sanction for Certain Offences (Sections 217–218)
o Prior sanction from the Central or State Government is required before taking
cognizance of offences against the State, criminal conspiracy, and offences
committed by public servants or members of the armed forces while acting in
their official capacity.
5. Special Procedure for Offences Against Marriage (Section 219)
o Courts can take cognizance only upon a complaint by an aggrieved person
(e.g., spouse or guardian).
o If the victim is a minor, mentally incapacitated, or physically unable, a
guardian or court-authorized person may file the complaint. In cases
involving armed forces personnel, an authorized representative can file on
the husband's behalf. This provision prevents frivolous cases, ensures
genuine grievances reach the courts, and safeguards personal and family
relationships.
6. Restrictions on Cognizance of Defamation (Section 222)
o For offenses related to defamation of high-ranking officials (President,
Governor, Ministers, etc.), cognizance can be taken only upon a complaint by
the Public Prosecutor with prior government sanction.
7. Other restrictions:

 Jurisdictional limits: courts can take cognizance of offenses that fall within their
jurisdiction, including territorial and subject-matter jurisdiction
 Time bar or statute limitations: the BNSS act specifies certain time limit on certain
offenses and shall depend on the intensity of the crime committed i.e. cognizable or
non-cognizable.
  In Double jeopardy cases, the court can’t take cognizance of that offense again

Conclusion:

These provisions serve as procedural safeguards to ensure that certain offenses, especially
those involving public servants, courts, marriage, and defamation, are not prosecuted
without due authorization from appropriate authorities.

Commencement of Proceedings Before Magistrates

The process of initiating legal proceedings before a Magistrate involves several important
steps, which are outlined in Sections 227 to 233 of the Bharatiya Nagarik Suraksha Sanhita,
2023. Below are the key points and notes for the commencement of proceedings:

1. Issue of Summons or Warrants (Section 227)

 Magistrate's Opinion: When a Magistrate takes cognizance of an offense, they must

first form an opinion on whether there is sufficient ground to proceed with the case.
o If the case is a summons-case (less serious), the Magistrate issues a summons to the
accused.
o If the case is a warrant-case (more serious), the Magistrate may issue a warrant or, if
they think fit, a summons.

 Witness List: A summons or warrant cannot be issued unless a list of prosecution

witnesses has been filed.
 Accompanying Documents: For cases based on a complaint, the summons or warrant
must be accompanied by a copy of the complaint.
 Process Fees: If any process fees or other fees are required, no process shall be
issued until these fees are paid. Failure to pay fees can lead to the dismissal of the
complaint.

2. Dispensing with Personal Attendance (Section 228)

 Summons Issued: When a summons is issued, the Magistrate may dispense with the
personal attendance of the accused and allow them to appear through a pleader
(legal representative).
 Reversal of Decision: However, at any point during the proceedings, the Magistrate
may order the personal attendance of the accused if deemed necessary, and this
attendance can be enforced as needed.

3. Special Summons for Petty Offenses (Section 229)

 Petty Offense: A petty offense is one punishable by a fine not exceeding ₹5000 and
does not include offenses under certain laws like the Motor Vehicles Act.
 Procedure: For petty offenses, the Magistrate can issue a summons to the accused,
allowing them to:
o Appear in person or through a pleader.
 o Plead guilty without appearing in person and pay the fine via post or through a
pleader.

 State Government Power: The State Government may empower any Magistrate to
handle such cases and impose fines for certain offenses that meet the criteria.

4. Supply of Copies of Documents to the Accused (Sections 230, 231, and 232)

 Police Report Cases: In cases instituted on a police report, the Magistrate must
provide the accused (and victim, if represented) with copies of essential documents
such as:
o Police report.
o FIR (First Information Report).
o Statements of witnesses.
o Any confessions or relevant documents.

These must be supplied within 14 days from the date of the accused’s appearance.

 Non-Police Report Cases: If the case is instituted otherwise than on a police report
(e.g., based on a complaint), the Magistrate must provide the accused with copies of:
o Statements recorded during the inquiry or trial.
o Documents that the prosecution intends to rely on.

 Electronic Copies: If documents are voluminous, the Magistrate may provide copies
through electronic means or allow the accused to inspect them in court.

5. Commitment to Court of Session (Section 232)

 Exclusive Jurisdiction: If the offense is triable exclusively by the Court of Session (for
serious offenses), the Magistrate must:
o Commit the case to the Court of Session after complying with relevant provisions.
o Ensure the accused is remanded to custody as per the provisions related to bail.
o Send all records, documents, and evidence to the Court of Session.

 Time Frame for Commitment: The process must be completed within 90 days from
the date of taking cognizance. This period can be extended to 180 days for specific
reasons.

6. Inquiry in Complaint Cases and Police Report (Section 233)

 Police Investigation in Complaint Cases: If a police investigation is ongoing while the

Magistrate is inquiring into a complaint case, the Magistrate may stay the
proceedings and request a report from the investigating officer.
 Consolidation of Cases: If the police report relates to the same accused or offense in
the complaint case, the Magistrate can consolidate the two cases and proceed as
though both were instituted based on a police report.
 Proceedings Continuation: If the police report does not involve the accused in the
complaint case, the Magistrate will resume proceedings for the complaint case.
Key Takeaways:

 Commencement of proceedings is the process where a Magistrate decides whether there is

enough evidence to move forward with a case.
 Summons or warrants are issued based on the type of case (summons or warrant case).
 The accused must be informed of documents and evidence in a timely manner, allowing
them a fair opportunity to prepare a defense.
 Petty offenses follow a simplified procedure, allowing for fines to be imposed without full
trial proceedings.
 For serious offenses triable by the Court of Session, the case will be committed to the higher
court.
 Police investigation can alter the course of a complaint case, especially if new evidence
comes from the police report.

Q) Compelling appearance of persons

Process to compel appearances is dealt under Chapter VI, Part A deals with summons, Part B
deals with Warrant of arrest and Part C deals with proclamation and attachment, Part D
deals with other rules
Sections 64 to 89 (part A to C)
Part A Summons: Section 63-71 and Part B Warrants: Sections 72-83
COMPELLING APPEARANCE OF PERSONS
Done through two ways
a) Summons
b) Warrants

A) SUMMONS [S.63-71]
A summons is a legal document issued by a court to compel the appearance of a person
before the court.
It’s a formal notice requiring the person to attend a court at a specific time and place.
Purpose:
i) To secure the presence of the accused person in court for a
criminal trial
ii) Ensure the accused is aware of charges against them and
has an opportunity to defend themselves
iii) Compel the attendance of witnesses to give evidence in
court
Consequences of non-appearance:
 i) The court may issue a warrant for their arrest
ii) Impose fine or other penalties for non-appearance
1. Form of Summons (Section 63)

 Every summons must be:

o In writing, in duplicate, signed by the presiding officer or an authorized officer as per
High Court rules.
o It must bear the seal of the Court.
o It may also be in encrypted electronic form with the image of the Court’s seal.

2. Summons How Served (Section 64)

 Served by a police officer, an officer of the Court, or another public servant as per State
Government rules.
 Personal service: Delivered or tendered to the person summoned.
 Electronic service: Summons bearing the image of the Court’s seal may be served
electronically as per State Government rules.
 The recipient must sign a receipt on the duplicate copy if required.

SERVICE OF SUMMONS: (65,66,68,69 and 71)

Service of Summons on Corporate Bodies, Firms, and Societies (Section 65)

 Companies/Corporations: Served on Director, Manager, Secretary, or other officer.

 Can also be sent via registered post to the above officers; service is deemed complete when
the letter ordinarily arrives.
 Firms/Associations: Served on any partner or by registered post to a partner, with similar
effect.

Service When Person Summoned Cannot Be Found (Section 66)

 If the person cannot be found, summons may be left with an adult family member residing
with them.
 A servant is not considered a family member under this provision.

Service of Summons on Government Servant (Section 68)

 If the person summoned is in Government service, the Court shall send the summons to the
head of the office.
 The head of the office shall ensure service as per Section 64 and return an endorsement
confirming service.
 Such an endorsement is considered proof of due service.

Service of Summons Outside Local Jurisdiction (Section 69)

 If a Court needs to serve a summons outside its jurisdiction, it shall send the summons in
duplicate to a Magistrate in the jurisdiction where the person resides.
 The Magistrate shall ensure service.
Service of Summons on Witness by Post (Section 71)

 In addition to ordinary service, a Court may direct summons to be served:

o By electronic communication or
o By registered post to the witness’s residence or place of business.
 Proof of service:
o Acknowledgment receipt signed by the witness.
o Postal endorsement showing the witness refused to accept the summons.
o Electronic confirmation of delivery.
 If proof of delivery is satisfactory, the Court may deem the summons duly served.

Procedure When Service Cannot Be Effected (Section 67)

If summons cannot be served under Sections 64, 65, or 66, it will be affixed at a visible place
in the person's home.

The Court may then either:

i) Consider it served, or
ii) Order a new method of service.

Proof of Service in Such Cases and When Serving Officer Not Present (Section 70)

 If a summons is served outside local jurisdiction, or if the serving officer is not present in
Court, proof of service may be given by:
o An affidavit made before a Magistrate.
o A duplicate copy of the summons endorsed by the recipient.
 Electronic summons under Sections 64 to 71 shall be deemed duly served, and a copy of
such summons shall be attested and kept as proof.

Q) dismissal of a complaint

Dismissal of Complaint Under Section 226 of BNSS, 2023

Synopsis

1. Introduction
2. Meaning of Dismissal of Complaint
3. Relevant Provision: Section 226 BNSS
4. Grounds for Dismissal of Complaint
5. Procedure for Dismissal of Complaint
6. Remedies Against Dismissal
7. Case Laws
8. Conclusion

1. Introduction

The dismissal of a complaint is an essential safeguard in criminal law to prevent frivolous or

baseless prosecutions. Section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
which replaces Section 203 of the CrPC, 1973, empowers a Magistrate to dismiss a
complaint if no sufficient ground for proceeding exists.

2. Meaning of Dismissal of Complaint

 The rejection of a private complaint by a Magistrate at the pre-cognizance stage.

 Ensures that only genuine complaints proceed to trial.
 Prevents misuse of the criminal justice system by discouraging false or vexatious complaints.

3. Relevant Provision: Section 226 BNSS

A Magistrate may dismiss a complaint if there is no sufficient ground for
proceeding, with brief recorded reasons.

Key Features:

1. The Magistrate examines the complainant and witnesses under Section 225 BNSS.
2. The Magistrate may also order an inquiry/investigation before taking a decision.
3. If no sufficient grounds exist, the complaint is dismissed.
4. The reasons for dismissal must be recorded in writing.

4. Grounds for Dismissal of Complaint

A complaint may be dismissed under Section 226 BNSS on the following grounds:

1. Lack of Prima Facie Case – No legal basis to proceed.

2. Insufficient Evidence – Statements of witnesses do not support the allegations.
3. Frivolous or Malicious Complaint – Filed with an intention to harass.
4. Lack of Jurisdiction – The offence does not fall within the Magistrate’s authority.
5. Non-Appearance of Complainant – If the complainant is absent and fails to support the case.

5. Procedure for Dismissal of Complaint

1. Filing of Complaint: Complainant files a case before a Magistrate.

2. Examination of Complainant & Witnesses: Statements recorded under oath as per Section
225 BNSS.
3. Magistrate’s Inquiry: The Magistrate may order an investigation before making a decision.
4. Evaluation of Evidence: If evidence is insufficient, the complaint is dismissed.
5. Recording of Reasons: The Magistrate must record reasons in writing before dismissal.

6. Remedies Against Dismissal

If a complaint is dismissed, the complainant has the following remedies:

1. Revision Petition (Section 413 BNSS) – Can be filed before the Sessions Court or High Court.
2. Filing a Fresh Complaint – If dismissed for procedural defects, a fresh complaint may be filed.
3. Writ Petition (Article 226 of the Constitution) – In case of judicial misconduct or unfair
dismissal.

7. Case Laws
 1. Nagawwa v. Veeranna Shivalingappa Konjalgi (1976)
o The Magistrate must apply judicial mind before dismissing a complaint.
2. Suresh Kumar Goyal v. State of U.P. (2011)
o A complaint should not be dismissed solely on minor inconsistencies.
3. K. Chandrasekhar v. State of Kerala (1998)
o Non-application of mind can invalidate dismissal.

8. Conclusion

The dismissal of complaints under Section 226 BNSS is a crucial provision that prevents
frivolous litigation while ensuring only meritorious cases proceed to trial. However,
complainants have legal remedies if they believe their complaint was wrongfully dismissed.

Q) Plea of Guilt

Plea of Guilt Under BNSS, 2023

Synopsis

1. Introduction
2. Meaning of Plea of Guilt
3. Relevant Provisions under BNSS, 2023
o Section 252 – Conviction on Plea of Guilt in Sessions Court
o Section 264 – Conviction on Plea of Guilt in Warrant Cases
o Section 275 – Conviction on Plea of Guilt in Summons Cases
o Section 276 – Plea of Guilt Without Appearance
4. Procedure for Plea of Guilt
5. Discretion of the Court in Conviction
6. Effects of Plea of Guilt
7. Safeguards and Limitations
8. Case Laws
9. Conclusion

1. Introduction

A plea of guilt is a formal admission of guilt by an accused before the court. If an accused
voluntarily pleads guilt, the court may convict them without a full trial. However, the
conviction is at the discretion of the Judge or Magistrate, ensuring that justice is served
fairly.

2. Meaning of Plea of Guilt

 The accused accepts responsibility for the offence.

  It can lead to direct conviction without requiring a trial.
 The court must ensure that the plea is voluntary, informed, and clear to prevent wrongful
conviction.

3. Relevant Provisions under BNSS, 2023

(i) Section 252 – Conviction on Plea of Guilt in Sessions Court

 If the accused pleads guilt, the Judge shall record the plea.
 The Judge may, at his discretion, convict the accused.

(ii) Section 264 – Conviction on Plea of Guilt in Warrant Cases

 If the accused pleads guilt in a warrant case, the Magistrate shall record the plea.
 The Magistrate may, at his discretion, convict the accused.

(iii) Section 275 – Conviction on Plea of Guilt in Summons Cases

 The Magistrate must record the exact words of the accused.

 The Magistrate may convict the accused if satisfied that the plea is voluntary.

(iv) Section 276 – Plea of Guilt Without Appearance

 The accused can send a letter of guilt plea along with the fine amount by post or messenger.
 The Magistrate may convict the accused in absentia (in their absence).
 If the accused is represented by a pleader, the Magistrate records the pleader’s exact words
and may convict.

4. Procedure for Plea of Guilt

1. The accused voluntarily admits guilt before the Judge/Magistrate.

2. The Judge/Magistrate records the plea in writing.
3. The court ensures that the plea is voluntary and informed.
4. The Judge/Magistrate may convict the accused at their discretion.
5. In summons cases, the accused may plead guilt without appearing.

5. Discretion of the Court in Conviction

 Even if the accused pleads guilt, the court is not bound to convict.
 The Judge/Magistrate must be satisfied that:
1. The accused understands the consequences.
2. The plea is made without coercion.
3. The punishment is just and fair.
6. Effects of Plea of Guilt

 Conviction Without Trial – No need for witness examination.

 No Appeal Against Conviction – The accused cannot appeal against the conviction unless the
sentence is illegal or excessive.
 Possibility of a Lesser Sentence – Courts may impose a lighter punishment.

7. Safeguards and Limitations

 The court must ensure the plea is not made under pressure.
 Serious offences (e.g., murder, rape) rarely allow guilt pleas without trial.
 In cases where the plea is made without appearance (Section 276), the court must ensure
the fine imposed is reasonable.

8. Case Laws

1. State of Maharashtra v. Sukhdev Singh (1992)

o A guilt plea must be clear and voluntary for a valid conviction.
2. Kamaal v. State (2017)
o The accused must be given an opportunity to understand the consequences of
pleading guilt.
3. Babulal v. State of M.P. (2005)
o A conviction based on an unclear guilt plea was set aside.

9. Conclusion

The plea of guilt under BNSS, 2023 allows for speedy disposal of cases while ensuring that
convictions are just and fair. However, courts must exercise caution to prevent coerced or
uninformed admissions of guilt. Judicial discretion plays a key role in ensuring that justice is
upheld.