BNSS

1] Object and importance of bnss, basic concept under bnss: -

The Bharatiya Nagarik Suraksha Sanhita (BNSS) is a proposed law in India that aims to
replace the existing Code of Criminal Procedure (CrPC). It seeks to modernize and streamline
India's criminal justice system by introducing several key reforms.

Object of BNSS:

 Modernization: The BNSS aims to update the outdated provisions of the CrPC to
reflect contemporary challenges and expectations.
 Efficiency: It seeks to improve the efficiency of the criminal justice system by
streamlining procedures and reducing delays.
 Fairness: The BNSS aims to ensure fair treatment of all parties involved in criminal
proceedings, including the accused, victims, and witnesses.
 Human Rights: It emphasizes the protection of human rights throughout the criminal
justice process

Importance of BNSS: -

The BNSS, a proposed law in India aimed at modernizing the criminal justice system, is
crucial for several reasons:

1. Streamlined Procedures: The BNSS aims to simplify and streamline the criminal
justice process, reducing delays and ensuring more efficient trials.
2. Enhanced Efficiency: By introducing time limits for investigations and streamlining
evidence gathering, the BNSS seeks to expedite the resolution of cases.
3. Improved Protection of Rights: The law emphasizes the protection of individual
rights, including the right to a fair trial, the right to remain silent, and the right to legal
representation.
4. Reduced Backlog: The BNSS aims to address the issue of a large backlog of cases,
ensuring that justice is delivered promptly.
5. Increased Public Confidence: By promoting a more efficient and fair justice system,
the BNSS can enhance public trust in the law and the judiciary.
6. Better Victim Support: The BNSS may include provisions for improved victim
support services, ensuring that victims receive adequate assistance throughout the
legal process.
7. Alignment with International Standards: The BNSS can help align India's criminal
justice system with international standards and best practices.
8. Prevention of Crime: A more effective and efficient criminal justice system can act
as a deterrent to crime, promoting a safer society.
Basic concepts under BNSS: -

The BNSS, a proposed law aimed at modernizing India's criminal justice system,
incorporates several fundamental concepts:

1. Streamlined Procedures: The BNSS seeks to simplify and expedite the criminal
justice process by reducing procedural delays and streamlining investigations.
2. Time-Bound Investigations: The law may introduce specific time limits for
investigations to ensure prompt completion and prevent undue delays.
3. Evidence-Based Investigations: The BNSS emphasizes the importance of evidence-
based investigations, requiring law enforcement agencies to collect and preserve
evidence in a systematic and reliable manner.
4. Victim Rights: The law aims to enhance the protection of victim rights, including the
right to be informed about the progress of the case, the right to participate in the
proceedings, and the right to compensation.
5. Bail Reforms: The BNSS may introduce reforms to the bail system, ensuring that bail
is granted or denied based on objective criteria and to prevent the misuse of bail.
6. Sentencing Guidelines: The law may provide sentencing guidelines to ensure
consistency and fairness in the imposition of sentences.
7. Alternative Dispute Resolution: The BNSS may encourage the use of alternative
dispute resolution mechanisms, such as mediation and arbitration, to resolve certain
criminal cases.
8. Community Policing: The law may promote community policing initiatives to foster
a stronger relationship between law enforcement agencies and the public.

2] functionaries under BNSS: -

The BNSS (Bharatiya Nagarik Suraksha Sanhita) is a proposed law in India aimed at
modernizing and streamlining the criminal justice system. While the exact functions of the
functionaries under the BNSS will be defined in the final legislation, based on the proposed
changes, we can anticipate the following potential functionaries and their roles:

1. Public Prosecutor

The Public Prosecutor plays a crucial role in the criminal justice system. Appointed under
Section 18 of the BNSS, the Public Prosecutor represents the state in criminal trials. Their
primary duty is to assist the court in determining the truth and ensuring that justice is served.
They are responsible for presenting evidence against the accused, examining witnesses, and
making legal arguments. The Public Prosecutor must act impartially and uphold the
principles of justice, ensuring that the rights of both the victim and the accused are protected.

2. Police

The police are fundamental to the enforcement of the BNSS. Their responsibilities include
investigating crimes, maintaining law and order, and executing warrants issued by the
judiciary. The police are often the first point of contact in the criminal justice process. They
gather evidence, interview witnesses, and apprehend suspects. The BNSS outlines specific
procedures that the police must follow to ensure that investigations are conducted fairly and
without bias. This includes respecting the rights of individuals during arrests and
interrogations.

3. Judiciary

The judiciary under the BNSS includes various levels of courts, with District and Sessions
Judges playing a pivotal role. These judges oversee criminal trials, ensuring that proceedings
are conducted in accordance with the law. They evaluate the evidence presented by both the
prosecution and the defense, make rulings on legal issues, and ultimately determine the guilt
or innocence of the accused. The judiciary is tasked with upholding the rule of law and
ensuring that justice is delivered impartially. They also have the authority to impose
sentences and oversee the execution of those sentences.

4. Prison Authorities

Prison authorities are responsible for the management of correctional facilities and the
rehabilitation of offenders. Under the BNSS, they ensure that prisons are run in a humane and
orderly manner. This includes providing inmates with basic necessities, medical care, and
opportunities for education and vocational training. The goal of the prison system is not only
to punish but also to rehabilitate offenders, preparing them for reintegration into society.
Prison authorities must also ensure the safety and security of both inmates and staff.

5. Defense Counsel

While not explicitly mentioned in the brief overview, the role of the defense counsel is also
critical in the BNSS framework. Defense attorneys represent the accused and ensure that their
rights are protected throughout the legal process. They provide legal advice, challenge the
prosecution’s evidence, and advocate for their client’s interests. The defense counsel plays a
vital role in maintaining the balance of justice by ensuring that the accused receives a fair
trial.

6. Victim Support Services

The BNSS also emphasizes the importance of supporting victims of crime. Victim support
services provide assistance to individuals who have been affected by criminal activities. This
includes offering emotional support, legal advice, and practical help such as finding safe
accommodation. These services aim to help victims recover from their experiences and
navigate the criminal justice system.

7. Forensic Experts
Forensic experts are specialists who analyze physical evidence from crime scenes. Their
work is crucial in providing scientific evidence that can support the prosecution or defense in
a trial. Forensic experts may examine fingerprints, DNA, ballistic evidence, and other types
of physical data. Their findings can be pivotal in establishing the facts of a case.

8. Probation Officers

Probation officers supervise offenders who have been released on probation instead of
serving time in prison. They ensure that these individuals comply with the conditions of their
probation, which may include regular check-ins, attending counselling sessions, and avoiding
certain activities or places. Probation officers play a key role in the rehabilitation process,
helping offenders reintegrate into society while monitoring their behaviour to prevent
recidivism.

These functionaries work together to create a comprehensive and effective criminal justice
system under the BNSS, ensuring that justice is served while upholding the rights and dignity
of all individuals involved.

3] Constitution of criminal courts and offices, power of courts: -

Hierarchy of Criminal Courts: - According to BNSS and CrPc.

The constitution of criminal courts in India is structured to ensure the effective administration
of justice. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the criminal courts
are organized in a hierarchical manner. Here’s a detailed overview:
1. Supreme Court of India
At the apex of the judicial hierarchy is the Supreme Court of India. It is the highest court of
appeal and has the authority to hear and decide on appeals from lower courts. The Supreme
Court also has original jurisdiction in certain cases, such as disputes between states or
between the central government and states.
2. High Courts
Each state in India has its own High Court. High Courts have jurisdiction over their
respective states and can hear appeals from lower courts within the state. They also have
original jurisdiction in certain matters and can issue writs for the enforcement of fundamental
rights.
3. District and Sessions Courts
These courts are established in each district. The District and Sessions Judge is the highest
judicial authority in the district. These courts handle serious criminal cases, including those
involving severe penalties such as life imprisonment or death sentences. They also hear
appeals from lower courts within the district.
4. Courts of Judicial Magistrates
First Class Judicial Magistrates
These courts handle less serious criminal cases. They have the authority to impose sentences
of imprisonment up to three years, fines, or both. They also conduct preliminary inquiries in
serious cases before they are transferred to higher courts.
Second Class Judicial Magistrates
These courts deal with minor criminal cases. They can impose sentences of imprisonment up
to one year, fines, or both.
5. Executive Magistrates
Executive Magistrates are appointed by the state government and have administrative and
judicial functions. They handle cases related to public order and safety, such as issuing orders
to prevent disturbances or nuisances.
6. Special Courts
The BNSS allows for the establishment of Special Courts to handle specific types of cases.
These courts are set up to expedite the trial process for particular categories of offenses, such
as corruption or terrorism-related cases.
7. Chief Judicial Magistrate
In every district, the High Court appoints a Judicial Magistrate of the first class to be the
Chief Judicial Magistrate. This magistrate oversees the functioning of the Judicial
Magistrates in the district and handles administrative duties.
8. Additional Chief Judicial Magistrate
 The High Court may also appoint Additional Chief Judicial Magistrates who have the same
powers as the Chief Judicial Magistrate. They assist in managing the workload and ensuring
the efficient administration of justice.

Hierarchical Structure
The criminal courts in India follow a hierarchical structure, ensuring that there is a clear chain
of command and avenues for appeal. This structure helps maintain consistency and fairness in
the administration of justice.
Conclusion
The constitution of criminal courts under the BNSS, 2023, is designed to ensure that justice is
administered efficiently and fairly. Each level of the court system has specific roles and
responsibilities, contributing to the overall effectiveness of the criminal justice system in
India.

Power of courts

The powers of courts in India are defined by the Constitution and various laws, including the
Code of Criminal Procedure (CrPC), 1973. Here’s a detailed overview of the powers vested
in different levels of criminal courts:
1. Supreme Court of India

 Original Jurisdiction: The Supreme Court has the authority to hear cases directly, such as
disputes between states or between the central government and states.
 Appellate Jurisdiction: It hears appeals against judgments from High Courts and other lower
courts.
 Advisory Jurisdiction: The President of India can seek the Supreme Court’s opinion on legal
questions.
 Judicial Review: The power to review laws and executive actions to ensure they comply
with the Constitution.

2. High Courts

 Original Jurisdiction: High Courts can hear cases directly, particularly in matters of
fundamental rights.
 Appellate Jurisdiction: They hear appeals from lower courts within their respective states.
 Supervisory Jurisdiction: High Courts supervise and control the functioning of lower
courts.
 Writ Jurisdiction: They can issue writs for the enforcement of fundamental rights.
 3. District and Sessions Courts

 Sessions Courts: Handle serious criminal cases, including those punishable by death or life
imprisonment. They also hear appeals from lower courts.
 District Courts: Deal with civil cases and have appellate jurisdiction over decisions from
lower courts.

4. Judicial Magistrates

 Chief Judicial Magistrate (CJM): Has the authority to try cases involving imprisonment up
to seven years.
 Judicial Magistrate First Class: Can impose sentences of imprisonment up to three years,
fines, or both.
 Judicial Magistrate Second Class: Handles minor offenses with the power to impose
sentences up to one year of imprisonment.

5. Executive Magistrates

 Preventive Powers: Can issue orders to prevent disturbances or nuisances.

 Administrative Powers: Handle matters related to public order and safety.

6. Special Courts

 Special Jurisdiction: Established to handle specific types of cases, such as corruption or

terrorism-related offenses, to expedite the trial process.

Key Powers of Courts

 Issuing Warrants: Courts can issue arrest and search warrants.

 Granting Bail: They have the authority to grant or deny bail to accused persons.
 Conducting Trials: Courts conduct trials, examine evidence, and determine the guilt or
innocence of the accused.
 Sentencing: They impose sentences on convicted individuals, ranging from fines to
imprisonment or even the death penalty.
 Judicial Review: Courts have the power to review and invalidate laws or executive actions
that violate the Constitution.

POWER OF SUPERIOR OFFICERS OF POLICE AND AID TO MAGISTRATE AND

THE POLICE.

The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the roles and responsibilities of
superior officers of police and the aid provided to magistrates and police. Here’s a detailed
explanation:
 Powers of Superior Officers of Police
1. Authority and Jurisdiction:
o Superior officers of police, such as those above the rank of an officer in charge of a police
station, have the authority to exercise the same powers as the officer in charge within their
jurisdiction. This means they can operate throughout their appointed local area with the same
authority.
2. Investigation Powers:
o These officers have the power to oversee and conduct investigations. They can direct the
activities of subordinate officers and ensure that investigations are carried out efficiently and
lawfully.
3. Arrest and Detention:
o Superior officers can order the arrest of individuals suspected of committing crimes. They
also have the authority to detain individuals for questioning and ensure that proper
procedures are followed during arrests.
4. Search and Seizure:
o They can authorize searches of premises and individuals if there is reasonable suspicion of
criminal activity. This includes the power to seize evidence that may be crucial for
investigations.
5. Maintenance of Public Order:
o Superior officers are responsible for maintaining public order and safety. They can deploy
police forces to manage crowds, prevent riots, and handle emergencies.

Aid to Magistrates and Police

1. Public Assistance:
o The BNSS mandates that the public must assist magistrates and police officers when
reasonably demanded. This includes helping in the arrest or prevention of escape of
individuals authorized to be arrested and in the prevention or suppression of breaches of
peace.
2. Legal Obligation:
o Citizens are legally bound to provide information about certain offenses and assist in
executing warrants. This cooperation is essential for the effective enforcement of the law.
3. Community Policing:
o The BNSS encourages community policing initiatives where the public works closely with
the police to enhance safety and security in their neighbourhoods. This collaborative
approach helps in building trust and improving the overall effectiveness of law enforcement.
4. Support in Emergencies:
o During emergencies, such as natural disasters or large-scale public disturbances, the public is
expected to support the police and magistrates in managing the situation. This can include
providing shelter, resources, or other forms of assistance.

These provisions ensure that superior officers have the necessary authority to maintain
law and order, and that the public plays a supportive role in the enforcement of the law.
The BNSS aims to create a collaborative environment where the police, magistrates, and
the community work together to ensure safety and justice.
INFORMATION TO POLICE AND THIER POWER TO INVESTIGATE

The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines comprehensive procedures and
powers related to the information provided to the police and their authority to investigate.
Here’s a detailed explanation suitable for a 12-mark answer:

Information to Police

1. Cognizable Offences (Section 154 BNSS):

o First Information Report (FIR): Any information relating to the commission
of a cognizable offence, if given orally to an officer in charge of a police
station, must be reduced to writing by the officer or under their direction. This
written document is known as the First Information Report (FIR).
o Signing and Copy: The informant must sign the written information, and a
copy of the FIR must be provided to them free of cost.
o Refusal to Record: If the officer in charge refuses to record the information,
the informant can send the substance of the information in writing to the
Superintendent of Police, who will then investigate the case or direct a
subordinate officer to do so.

2. Non-Cognizable Offences (Section 155 BNSS):

o Recording Information: Information regarding non-cognizable offences must
also be recorded, but the police cannot investigate such cases without the order
of a Magistrate.
o Referral to Magistrate: The informant is referred to the Magistrate, who may
then authorize the police to investigate.

Powers to Investigate

1. Investigation of Cognizable Cases (Section 156 BNSS):

o Authority to Investigate: Police officers in charge of a station can investigate
any cognizable case without the order of a Magistrate. This includes visiting
the crime scene, collecting evidence, and arresting suspects.
o Reporting to Magistrate: The officer must send a report of the investigation
to a Magistrate empowered to take cognizance of the offence.

2. Procedure for Investigation (Sections 157-176 BNSS):

o Section 157: Upon receiving information about a cognizable offence, the
officer must send a report to the Magistrate and proceed to investigate the facts
and circumstances of the case.
o Section 160: The officer can require the attendance of witnesses for
examination.
 o Section 165: The officer can conduct searches if there is reasonable ground to
believe that something necessary for the investigation is present at a particular
place.
o Section 173: After completing the investigation, the officer must submit a
final report to the Magistrate.

Key Points of Investigation Process

1. Collection of Evidence:
o The police have the authority to collect all forms of evidence, including
physical, documentary, and digital evidence. This is crucial for building a
strong case against the accused.

2. Examination of Witnesses:
o Witnesses play a vital role in the investigation process. The police can
summon and examine witnesses to gather testimonies that support the
investigation.

3. Search and Seizure:

o The police can conduct searches of premises and individuals if there is
reasonable suspicion of criminal activity. They can seize any items that may
serve as evidence in the investigation.

4. Arrest and Detention:

o The police have the power to arrest individuals suspected of committing
crimes. They can detain these individuals for questioning and ensure that
proper procedures are followed during arrests.

5. Reporting and Documentation:

o Throughout the investigation, the police must maintain detailed records and
reports. These documents are essential for judicial proceedings and ensure
transparency and accountability in the investigation process.

These provisions ensure that the police have the necessary authority to investigate crimes
effectively while maintaining checks and balances through the involvement of the judiciary.
The BNSS aims to create a robust framework for law enforcement that upholds justice and
protects the rights of individuals.