UNIT III TRIAL PROCESS

1. TRIAL BEFORE COURT OF SESSIONS

2. TRIAL OF WARRANT ANS SUMMONS CASES BY MAGSTRATES
3. SUMMARY TRIALS – SIGNIFICANCE
4. EVIDENCE AND GENERAL PROVISIONS AS TO INQUIRIES AND
TRIALS
5. COMPOUNDING OF OFFENCES AND PLEA BARGAINING
6. CONCURRENT AND CONSECUTIVE RUNNING OF SENTENCES
7. APPEALS, REVISION AND REFERENCE
8. SECCURITY FOR KEEPING PEACE AND GOOD BEHAVIOUR
9. MAINTENACE – ALTERATION AND ENFORCEMENT
 1. TRIAL BEFORE COURT OF SESSIONS

The trial process before a Court of Session is dealt with primarily in Sections
193 to 250 of the BNSS.

Introduction: Court of Session

The Court of Session is the highest criminal court at the district level. It
primarily tries serious offences punishable with imprisonment for life or death,
such as murder, rape, dacoity, etc. These offences are cognizable and non-
bailable.

The trial is not conducted by the Session Judge directly upon receiving the
case. It is a multi-stage process involving committal from a Magistrate's court.

Detailed Step-by-Step Trial Process under BNSS

The entire process, from the filing of the chargesheet to the final judgment, can
be broken down into the following stages:

Stage 1: Committal Proceedings (Before the Magistrate)

This is a preliminary and mandatory stage before the trial can begin in the
Sessions Court.

1. Filing of Chargesheet (Section 193 BNSS): After the investigation of a

Sessions triable case is complete, the police file a chargesheet (final report)
before a Judicial Magistrate.

2. Duty of the Magistrate (Section 209 BNSS - Replaces Section 209

CrPC): The Magistrate does not hold a trial. Their role is limited to:

o Ensuring the case is exclusively triable by the Sessions Court.

o Supplying copies of the police report, statements, and other documents to the
accused (free of cost), as required under Section 230 BNSS.

o If the Magistrate is satisfied, they commit the case to the Court of Session.
o The Magistrate may also send the accused to custody or grant bail during this
period.

Stage 2: Proceedings before the Court of Session

Once the case is committed, the Sessions Court takes over.

Step 1: Hearing of Prosecution and Accused (Section 230 BNSS - Replaces

Section 226 CrPC)

 The Public Prosecutor opens the case by describing the charges against the
accused and stating the evidence by which they propose to prove the accused's
guilt.

Step 2: Framing of Charges (Section 231 BNSS - Replaces Section 228

CrPC)

 This is a critical stage. The Judge considers the police report, documents, and
submissions.

 If the Judge believes there is a prima facie case (i.e., sufficient ground to
proceed) against the accused, they frame a formal charge in writing.

 The charge is then read and explained to the accused in a language they
understand.

 Key Question: The judge asks the accused, "Do you plead guilty or claim
trial?"

Step 3: Plea of Guilty (Section 232 BNSS - Replaces Section 229 CrPC)

 If the accused pleads guilty, the Judge may convict them based on that plea.
However, the Judge must ensure the plea is voluntary and genuine.

Step 4: The Trial Begins - If Accused Claims Trial

If the accused claims trial (pleads not guilty), the actual adversarial process
starts.

 Prosecution Evidence (Section 233 BNSS - Replaces Section 230 CrPC):

o The prosecution presents its evidence to prove the charges beyond a reasonable
doubt.

o This includes examining its witnesses (Examination-in-Chief), who are then

cross-examined by the defence, and then re-examined by the prosecution.

o After all prosecution witnesses are examined, the prosecution closes its case.
 Step 5: Hearing for Discharge (Section 234 BNSS - Replaces Section 231
CrPC)

 After the prosecution evidence is complete, the accused is given an opportunity

to file an application for discharge.

 The accused can argue that even if the prosecution evidence is taken at face
value, no case is made out against them.

 If the Judge agrees that the evidence is insufficient, the accused is discharged.
Otherwise, the trial proceeds.

Step 6: Defence Evidence (Section 235 BNSS - Replaces Section 233 CrPC)

 If the accused is not discharged, the court calls upon the accused to enter their
defence.

 The accused has the right to present evidence and witnesses.

 The court explains to the accused: "You have the right to give evidence on oath
as a witness, and if you do so, you will be subject to cross-examination. You
also have the right to remain silent."

o Silence of the accused cannot be held against them.

Step 7: Final Arguments (Section 236 BNSS - Replaces Section 234 CrPC)

 After the defence evidence is closed, both sides (prosecution and defence)
present their final arguments.

 They summarize the evidence and try to persuade the judge to decide in their
favor.

Step 8: Judgment (Section 237 BNSS - Replaces Section 235 CrPC)

 After hearing the arguments, the Judge delivers the judgment.

 Acquittal: If the Judge finds the accused not guilty.

 Conviction: If the Judge finds the accused guilty beyond a reasonable doubt.

Step 9: Sentence Hearing (A Landmark Change - Section 248 BNSS)

 This is a significant reform introduced by the BNSS, inspired by modern

criminal jurisprudence.
 After conviction, but before sentencing, the court must hear the prosecution
and the defence on the question of an appropriate sentence.

 The court may take into account factors like the nature of the crime, the
character of the offender, and mitigating circumstances.

 This ensures a more just and individualized sentencing process.

Key Landmark Case Laws

These precedents, established under the CrPC, continue to guide the

interpretation of the corresponding sections in the BNSS.

1. On Framing of Charge (Prima Facie Case):

o Case: Union of India v. Prafulla Kumar Samal & Anr. (1979)

o Principle: The standard for framing a charge is not "proof beyond reasonable
doubt" but "grave suspicion." If the Judge thinks the evidence, if unrebutted,
would lead to a conviction, the charge must be framed. The judge cannot sift or
weigh the evidence deeply at this stage.

2. On the Right to a Fair Trial (Presence of Lawyer):

o Case: Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979)

o Principle: This case established the right to a speedy trial as part of Article 21
(Right to Life and Personal Liberty). It also emphasized that a fair trial includes
the right to legal aid for an indigent accused.

3. On the Presumption of Innocence (Burden of Proof):

o Case: K.M. Nanavati v. State of Maharashtra (1962)

o Principle: The fundamental principle of criminal law is that the burden of

proof lies entirely on the prosecution to prove its case beyond a reasonable
doubt. The accused is presumed innocent until proven guilty.

4. On the Accused's Right to Silence:

o Case: Selvi & Ors. v. State of Karnataka (2010)

o Principle: The right against self-incrimination under Article 20(3) of the

Constitution includes the right to remain silent during interrogation and trial.
This principle is codified in the defence evidence stage under BNSS.
5. On Separate Sentencing Hearing (The basis for Section 248 BNSS):

o Case: Bachan Singh v. State of Punjab (1980) - The "rarest of rare" doctrine
case.

o Principle: The Supreme Court emphasized the need for a meaningful

sentencing hearing after conviction, considering both aggravating and
mitigating circumstances, especially in death penalty cases. The BNSS has now
generalized this principle for all convictions.

Summary of Key BNSS Sections for Session Trial

BNSS Corresponding
Stage Brief Description
Section Old CrPC Section

Magistrate commits case to

Committal 209 209
Sessions Court.

Public Prosecutor opens the

Opening 230 226
case.

Framing of Court frames charges if

231 228
Charge prima facie case exists.

Plea of Procedure if accused pleads

232 229
Guilty guilty.

Prosecution Examination of prosecution

233 230
Evidence witnesses.
 BNSS Corresponding
Stage Brief Description
Section Old CrPC Section

Accused can plead for

Hearing for
234 231 discharge after prosecution
Discharge
evidence.

Defence Accused enters defence and

235 233
Evidence can present evidence.

Final Oral arguments by both

236 234
Arguments sides.

Court pronounces acquittal

Judgment 237 235
or conviction.

New Provision: Hearing on

Sentence 248
235(2) the question of sentence
Hearing (New)
after conviction.

Conclusion

The trial before a Court of Session under the BNSS is a structured, adversarial
process designed to ensure a fair trial. While the core procedure remains similar
to the CrPC, the explicit codification of a separate sentencing hearing
(Section 248) is a major step towards a more reformative and just criminal
justice system. The landmark case laws continue to be the guiding light for
interpreting the principles of natural justice embedded in this process.
 2. TRIAL OF WARRANT ANS SUMMONS CASES BY
MAGISTRATES

This is a detailed explanation of the trial process for Warrant Cases and
Summons Cases by Magistrates under the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.

The BNSS maintains the crucial distinction between "Warrant Case" and
"Summons Case," which determines the procedure the court must follow. This
distinction is based on the severity of the offence.

 Warrant Case: A case relating to an offence punishable with death,

imprisonment for life, or imprisonment for a term exceeding two
years. (Section 2(64) BNSS)

 Summons Case: A case relating to an offence punishable with imprisonment

for a term not exceeding two years. (Section 2(58) BNSS)

The procedures are distinct, with warrant cases requiring a more elaborate and
formal process due to the seriousness of the charges.

Part 1: Trial of Warrant Cases by Magistrates

Warrant cases can come before a Magistrate in two ways:

1. Police-Reported Case: When the police investigate and file a chargesheet.

2. Complaint Case: When a private individual files a complaint directly with the
court.

The procedure differs slightly at the beginning for these two but converges later.

A. Warrant Case Instituted on a Police Report (Sections 260-273 BNSS)

This is the most common route for serious offences triable by a Magistrate.

1. First Hearing & Supply of Documents (Section 230 BNSS): The Magistrate
ensures copies of the police report (chargesheet), FIR, statements, confessions,
and other documents are supplied to the accused free of cost. This is crucial for
a fair defence.

2. Framing of Charge (Section 262 BNSS): The Magistrate considers the police
report and documents. If there is a prima facie case (sufficient ground to
 proceed), the Magistrate frames a formal charge in writing. The charge is read
and explained to the accused.

3. Plea of Guilty (Section 263 BNSS):

o The accused is asked to plead guilty or not guilty.

o If the accused pleads guilty, the Magistrate may convict them based on this
plea.

4. Trial if Accused Claims Trial (Pleads Not Guilty):

o Prosecution Evidence (Section 264 BNSS): The prosecution presents its

witnesses who are examined-in-chief, cross-examined by the defence, and then
re-examined.

o Statement of the Accused (Section 265 BNSS): After prosecution evidence is

closed, the accused is examined by the court without an oath. The accused can
answer questions or choose to remain silent. This is not evidence, but it can be
used to contradict the accused later.

o Defence Evidence (Section 266 BNSS): The accused is called upon to enter
their defence and present evidence and witnesses. The accused has a right to
testify as a witness on oath.

5. Final Arguments and Judgment (Section 267 BNSS): After both sides
present evidence, final arguments are heard. The Magistrate then delivers the
judgment, either acquitting or convicting the accused.

B. Warrant Case Instituted on a Private Complaint (Sections 274-284

BNSS)

This procedure is more complex initially to determine if there is enough ground

to proceed.

1. Recording of Pre-Summoning Evidence (Section 274 BNSS): The Magistrate

examines the complainant and their witnesses on oath. This evidence is
recorded to decide whether to issue process against the accused.

2. Dismissal or Issuance of Process (Section 275 BNSS): If the Magistrate finds

no sufficient ground, the complaint is dismissed. Otherwise, the Magistrate can
issue a summons or warrant to secure the accused's presence.

3. Procedure after Accused Appears: Once the accused appears, the procedure
from Framing of Charge (Section 262 BNSS) onwards is the same as for a
police-reported case, as described above.
 Part 2: Trial of Summons Cases by Magistrates (Sections 251-259 BNSS)

The procedure for summons cases is simpler and more summary in nature
because the offences are less serious.

1. Substance of Allegation to be Stated (Section 251 BNSS): Unlike a warrant

case, a formal charge is not framed. When the accused appears, the Magistrate
simply explains the substance of the accusation against them. The accused is not
asked to plead guilty at this initial stage in the same formal way.

2. Plea of Guilty and Conviction (Section 252 BNSS):

o The accused is asked if they plead guilty or have any defence to offer.

o If the accused pleads guilty, the Magistrate may convict them based on this
plea. The Magistrate must record the plea in the accused's own words.

3. Procedure if Accused Does Not Plead Guilty (Section 253 BNSS):

o If the accused does not plead guilty, the Magistrate proceeds to hear the
prosecution and the defence.

o The Magistrate does not need to follow the elaborate process of recording
evidence in chief, cross-examination, etc., in a detailed manner unless
specifically required. The focus is on a speedy disposal.

4. Power to Convert a Summons Case into a Warrant Case (Section 259

BNSS): If, at any stage during a summons trial, the Magistrate finds that the
case is of a more serious nature and should not be tried as a summons case, they
can re-characterize it as a warrant case and follow the more detailed procedure.
This is typically done if the Magistrate feels a sentence heavier than two years is
warranted.

Key Differences at a Glance

 Warrant Case (Serious Summons Case (Minor
Feature
Offences) Offences)

Offence punishable with > 2 Offence punishable with ≤

Definition
years imprisonment. 2 years imprisonment.

No. Only the substance of

Framing of Yes. A formal charge is
accusation is stated (S.
Charge framed (S. 262 BNSS).
251 BNSS).

Recorded immediately
Recorded after the framing of
Plea of Guilty after the accusation is
the charge.
stated.

Elaborate. Strict sequence of Summary. Flexible

Trial
prosecution evidence, defence procedure, focused on
Procedure
evidence, arguments. speed.

Generally more restricted Generally more liberal;

Compounding (e.g., non-compoundable many offences are
offences like murder). compoundable.

Brief Landmark Case Laws (Principles that apply under BNSS)

The principles from these CrPC cases continue to be relevant for interpreting
the corresponding BNSS sections.

1. On the Importance of Framing a Charge (for Warrant Cases):

o Case: V.C. Shukla v. State (1980)

o Principle: A charge is the foundation of a criminal trial. An error or omission in
framing a charge is not fatal unless it has actually caused prejudice to the
accused and resulted in a failure of justice.

2. On the Right to a Speedy Trial (Applicable to both):

o Case: Hussainara Khatoon v. State of Bihar (1979)

o Principle: The right to a speedy trial is a fundamental right under Article 21 of

the Constitution (Right to Life and Personal Liberty). Inordinate delay can be a
ground for quashing proceedings.

3. On the Standard of Proof:

o Case: K.M. Nanavati v. State of Maharashtra (1962)

o Principle: The bedrock of criminal law is that the prosecution must prove the
guilt of the accused beyond a reasonable doubt. The accused enjoys the
presumption of innocence.

4. On the Simplicity of Summons Trial:

o Case: Adalat Prasad v. Rooplal Jindal (2004)

o Principle: Highlighted the summary nature of summons procedures. The

Magistrate has wide discretion to ensure a quick trial without being bound by
strict technicalities of evidence recording, unless injustice is caused.

Conclusion

The BNSS, like the CrPC before it, establishes a dual-track system for trials
before Magistrates. The Warrant Case procedure is a full-dress trial designed
to protect the rights of the accused facing serious consequences. The Summons
Case procedure is a streamlined, efficient mechanism to swiftly dispose of less
serious offences, reducing the burden on the courts while maintaining essential
fairness. Understanding this distinction is fundamental to navigating the Indian
criminal justice system.
 [Link] TRIALS – SIGNIFICANCE

Here is a detailed explanation of Summary Trials under the Bharatiya Nagarik

Suraksha Sanhita (BNSS), 2023, covering their significance, procedure, and
relevant legal principles.

1. What is a Summary Trial?

A Summary Trial is a fast-tracked, simplified judicial procedure designed for

the swift disposal of petty and minor offences. The primary objective is to
reduce the burden on the courts by avoiding the elaborate and time-consuming
procedures of a regular summons or warrant trial.

The core idea is speed and efficiency without compromising the essential
principles of justice. The magistrate has the power to try certain cases in a
summary way, following a highly abridged process for recording evidence and
delivering judgments.

2. Significance of Summary Trials

The significance of summary trials cannot be overstated in a judicial system

plagued by delays. They are crucial for:

1. Decongestion of Courts: They are the primary tool for disposing of a massive
number of petty cases, which constitute a significant portion of the judiciary's
workload. This frees up judicial time and resources for more serious offences.

2. Speedy Justice: They provide quick justice, which is a fundamental right under
Article 21 of the Constitution. For minor offences, a prolonged trial is itself a
punishment. Summary trials ensure that justice is delivered swiftly.

3. Reduction of Litigation Costs: The simplified procedure reduces the time and
money spent by all parties involved—the state, the accused, and the witnesses.

4. Deterrence for Petty Crimes: A swift and certain, albeit minor, punishment
acts as a more effective deterrent for petty crimes than a long-drawn-out trial
that may never conclude.

5. Access to Justice: By making the process quicker and cheaper, summary trials
enhance access to justice for the common person.
 Detailed Procedure under BNSS (Sections 259 to 273)

The provisions for Summary Trials are outlined in Chapter XXI (Sections 259
to 273) of the BNSS. The procedure is largely a continuation of the CrPC
framework with some important changes.

A. Power to Try Summarily (Section 259 BNSS)

This section empowers a Magistrate to try certain cases summarily.

 First-Class Magistrate: Any Chief Judicial Magistrate or Magistrate of the

first class can try an offence summarily if the offence is punishable with
imprisonment for a term not exceeding three (3) years.

o Key Change from CrPC: The BNSS has increased the threshold from
imprisonment not exceeding two years under the CrPC to three years. This is a
significant expansion aimed at bringing more cases under the summary trial
umbrella.

 Second-Class Magistrate: Any Magistrate of the second class may try an

offence summarily if the offence is punishable with imprisonment for a
term not exceeding one year.

Restriction: The Magistrate cannot pass a sentence of imprisonment for a term

exceeding three months in a summary trial.

B. Procedure for Summary Trial (Section 260 BNSS)

The procedure in a summary trial is extremely simplified:

1. No Detailed Evidence Recording: The Magistrate need not record the

evidence of the witnesses or the accused in a detailed manner. There is no
requirement for a word-for-word transcript.

2. Recording the Substance: The Magistrate only needs to record

a memorandum of the substance of the evidence and a brief statement of the
findings of the court with reasons.

3. Judgment: The judgment must be concise but must contain the points for
determination and the decision thereon.

C. Specific Sections Governing the Process

 Language of Record and Judgment (Section 261 BNSS): Everything

recorded must be in the language of the court.
 Record in Cases where Appeal Lies (Section 262 BNSS): In cases where an
appeal is possible, the Magistrate must write a slightly more detailed judgment,
incorporating a brief statement of the reasons for the conviction.

 Judgment to be Entered in Register (Section 264 BNSS): A specific register

must be maintained for summary trial cases as prescribed.

D. Limit on Sentence (Section 263 BNSS)

This is a critical safeguard. In a summary trial, a Magistrate cannot pass a

sentence of imprisonment for a term exceeding three months. This limit
ensures that the abbreviated procedure is used only for truly minor offences
where the potential punishment is light.

E. Conversion from Summary Trial to Regular Trial (Section 265 BNSS)

At any stage before passing judgment, if the Magistrate feels that the nature of
the case is such that it is undesirable to try it summarily (e.g., it is more
complex than it initially appeared, or a harsher sentence than 3 months is
warranted), they can recall any witnesses who may have been examined and
proceed to re-hear the case as a regular summons or warrant trial. This
protects the rights of the accused in serious matters.

Landmark Case Laws (Principles Applicable under BNSS)

The jurisprudence developed under the CrPC continues to guide the application
of summary trial provisions in the BNSS.

1. On the Nature of Summary Trials and Prejudice:

o Case: Madan Lal v. State of Punjab (2007)

o Principle: The Supreme Court held that the summary procedure is valid as long
as it does not cause prejudice to the accused. The accused has a right to a fair
trial, and the brevity of the record should not hamper their right to defend
themselves or file an appeal. If prejudice is shown, the conviction can be set
aside.

2. On the Right to Speedy Trial:

o Case: Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979)

o Principle: This case established the right to a speedy trial as a fundamental

right under Article 21. Summary trials are a legislative tool to actualize this
 right for petty offences. Delays in even minor cases can be a ground for
quashing proceedings.

3. On the Magistrate's Duty in Recording Evidence:

o Case: Krishna Janardhan Bhat v. Dattatraya G. Hegde (2008)

o Principle: While the Magistrate is not required to write a detailed judgment, the
"substance of the evidence" recorded must be sufficient for the Appellate Court
to understand what transpired during the trial. A completely cryptic or non-
existent record is illegal.

4. On the Limit of Jurisdiction:

o Case: Surendra Singh v. State of Uttar Pradesh (2021)

o Principle: If a Magistrate in a summary trial imposes a sentence exceeding the

statutory limit (e.g., more than 3 months under BNSS), the judgment would be
without jurisdiction and liable to be set aside.

Summary: Key Features of Summary Trials under BNSS

Relevant
Feature Description BNSS
Section

Chapter XXI
Objective Speedy disposal of petty cases.
(Preamble)

Offences punishable with imprisonment up

Applicability to 3 years (1st Class Mag.) or 1 year (2nd 259(1)
Class Mag.).

Sentence Maximum imprisonment cannot

263
Limit exceed three months.
 Relevant
Feature Description BNSS
Section

Highly simplified. Recording of only

Procedure 260
the substance of evidence.

Concise, containing points for

Judgment 260(2)
determination and the decision.

Magistrate can convert a summary trial to a

Safeguard 265
regular trial at any stage.

An appeal lies against the judgment, and

Appeal the record must be sufficient for the 262
appellate court to adjudicate.

Conclusion

Summary Trials under the BNSS are a vital mechanism for achieving efficiency
in the criminal justice system. The increase in the jurisdictional limit from 2
to 3 years is a progressive step to further decongest courts. However, this
efficiency is balanced with safeguards like the 3-month imprisonment cap and
the power to convert to a regular trial to ensure that the pursuit of speed does
not override the fundamental right to a fair trial. They represent the legal
system's pragmatic approach to dealing with a high volume of minor infractions
while reserving its full procedural rigor for serious crimes.
 4. EVIDENCE AND GENERAL PROVISIONS AS TO INQUIRIES
AND TRIALS

This is a detailed explanation of the general provisions governing Evidence,

Inquiries, and Trials under the Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023.

This part of the BNSS forms the procedural backbone of the criminal justice
process, from the initial inquiry to the final judgment. It establishes the rules of
the game, ensuring fairness, order, and the pursuit of truth.

Introduction: The Framework

The BNSS consolidates and streamlines the general provisions that apply across
all stages of criminal proceedings. These provisions are crucial because they:

 Ensure Fairness: They protect the rights of the accused.

 Maintain Order: They provide a structured process for courts to follow.

 Facilitate Truth-Finding: They establish rules for admitting and evaluating

evidence.

We can break down these provisions into three key areas:

1. General Provisions as to Inquiries and Trials (The 'when' and 'where' of

proceedings).

2. Evidence (The 'what' - what facts can be presented to the court).

3. General Provisions during Trial (The 'how' - how the trial is conducted).

Part 1: General Provisions as to Inquiries and Trials (Sections 300-335

BNSS)

These sections set the stage for the proceedings. They answer fundamental
jurisdictional and procedural questions.

Key Sections and Concepts:

1. Jurisdiction (Territorial):
o Section 177: Stipulates that every offence shall ordinarily be inquired into and
tried by a court within whose local jurisdiction it was committed. This is the
fundamental rule.

o Sections 178-184: Provide exceptions and flexibility for cases where the
offence is committed in multiple places, or it's uncertain where it was
committed (e.g., theft followed by receiving stolen property in different
districts).

2. Limitation Period for Taking Cognizance (Section 346 BNSS):

o This is a critical provision to prevent stale claims. It prescribes time limits

within which a court can take cognizance of an offence.

o For offences punishable with a fine only, the limitation is 6 months.

o For offences punishable with imprisonment up to 3 years, the limitation is 3

years.

o There is no limitation for offences punishable with imprisonment exceeding

three years.

o Landmark Case Law: Sarah Mathew v. Institute of Cardio Vascular Diseases

(2014) - The Supreme Court clarified that the period of limitation begins from
the date of the offence or the date of knowledge of the offence, and the filing of
a complaint in court (not its service) stops the limitation period.

3. Charge Joinder - Single Transaction Rule (Section 209 BNSS):

o This rule allows multiple offences committed by the same person in the course
of the same transaction to be tried together. This promotes efficiency.

o Landmark Case Law: State of Andhra Pradesh v. Cheemalapati Ganeswara

Rao (1963) - The court explained that "same transaction" implies a proximity of
time, unity of place, and continuity of action.

4. Withdrawal of Prosecution (Section 321 BNSS):

o The Public Prosecutor or Assistant Public Prosecutor can, with the consent of
the court, withdraw from the prosecution of any case. This is typically done in
the interest of justice or if the evidence is weak.

o Landmark Case Law: Sheonandan Paswan v. State of Bihar (1987) - The

Supreme Court held that the power to withdraw is executive, but the court must
be satisfied that the withdrawal is not aimed at obstructing the course of justice.
 Part 2: Evidence (Sections 61-124 BNSS)

The BNSS contains detailed rules on the admissibility and recording of

evidence, which are largely based on the Indian Evidence Act, 1872, but are
placed within the procedural code for criminal matters.

Key Sections and Concepts:

1. Oral and Documentary Evidence (Sections 61-62): Evidence must be given

in open court, ordinarily by the witness's own oral account. Documentary
evidence is also crucial.

2. Recording of Evidence:

o Section 285: Mandates that evidence in trials before a Sessions Court shall be
recorded by the presiding judge, or their dictation to a stenographer. In other
courts, it is recorded in the manner prescribed.

o Section 286: Allows for the recording of evidence using audio-video electronic
means, a significant modernization.

3. Accused as a Witness (Section 122 BNSS):

o This is a fundamental right. An accused person cannot be compelled to be a

witness against themselves.

o Landmark Case Law: Selvi v. State of Karnataka (2010) - The Supreme Court
categorically held that narcoanalysis, polygraph, and brain mapping tests cannot
be conducted without the consent of the accused, as they violate Article 20(3)
(Right against Self-Incrimination).

4. Confessions (Section 126 BNSS):

o A confession made to a police officer is generally inadmissible. A confession

made before a Magistrate is admissible if made voluntarily.

o Landmark Case Law: State of Punjab v. Barkat Ram (1962) - The Court
distinguished between a confession to a police officer and a confession to a
customs officer, highlighting the strict rule against police confessions to prevent
coercion.

5. Dying Declaration (Section 128 BNSS):

o A statement made by a person who is dead, explaining the cause of their death,
is relevant and admissible.
o Landmark Case Law: K.R. Reddy v. Public Prosecutor (1976) - The Supreme
Court held that a dying declaration, if found to be truthful and voluntary, can
form the sole basis for conviction even without corroboration.

Part 3: General Provisions during Trial (Crucial Procedural Safeguards)

These provisions govern the conduct of the trial itself.

1. Expeditious Disposal (Section 258 BNSS):

o This is a new and significant provision. It mandates that every trial shall be held
as expeditiously as possible, and an effort shall be made to conclude the trial
within two years from the date of framing of the charge.

o Significance: This codifies the "speedy trial" principle from Article 21.

2. Power to Summon Witnesses or Documents (Section 294 BNSS):

o The court has the power, at any stage of the trial, to summon any person as a
witness or require the production of any document if it is essential for the just
decision of the case.

3. Power to Examine the Accused (Section 233 BNSS - for Sessions; Similar
for Magistrates):

o After the prosecution evidence is closed, the court can question the accused
generally on the case. The accused is not bound to answer and their silence
cannot be used against them. This is to give the accused an opportunity to
explain any incriminating circumstances.

4. Compelling Attendance (Sections 94-115 BNSS):

o These sections detail the powers of the court to issue summonses, warrants
(bailable and non-bailable), and proclamations to secure the attendance of the
accused and witnesses.

5. Maintenance of Order in Court (Section 353 BNSS):

o The court has the inherent power to control its proceedings and can take action
against contempt of its authority.

Landmark Case Laws on General Principles

1. Fair Trial is the Heart of Criminal Jurisprudence:

o Case: Zahira Habibulla H. Sheikh v. State of Gujarat (2004)

o Principle: The Supreme Court famously stated that a "fair trial obviously would
mean a trial before an impartial Judge, a fair prosecutor, and an atmosphere of
judicial calm." A fair trial is the primary object of criminal procedure, and it is
the duty of the court to ensure it.

2. Presumption of Innocence:

o Case: K.M. Nanavati v. State of Maharashtra (1962)

o Principle: The bedrock of criminal law is that the accused is presumed innocent
until proven guilty. The burden of proving the guilt beyond a reasonable doubt
lies entirely on the prosecution.

3. Right to a Speedy Trial:

o Case: Hussainara Khatoon v. State of Bihar (1979)

o Principle: This case established that a speedy trial is a fundamental right

implicit in Article 21 (Right to Life and Personal Liberty). Undue delay can be a
ground for quashing proceedings.

Summary Table of Key BNSS Provisions

Key
Category Purpose & Description
Provision

Section Determines which court has the power to try

Jurisdiction
177 an offence (place of offence).

Section Prevents stale claims by setting time limits for

Limitation
346 taking cognizance.

Evidence Section Allows modern methods like audio-video

Recording 286 recording of evidence.
 Key
Category Purpose & Description
Provision

Accused's Section
Protects the accused from self-incrimination.
Rights 122

Dying Section Allows the statement of a deceased person

Declaration 128 about their cause of death as evidence.

New Provision: Mandates an effort to

Section
Trial Duration conclude the trial within two years of framing
258
charges.

Section Empowers the court to summon any witness

Court's Power
294 or document crucial for a just decision.

Conclusion

The general provisions under the BNSS create a comprehensive framework that
balances the state's power to prosecute with the fundamental rights of the
accused. They ensure that the process of inquiry and trial is conducted
with judicial calm, fairness, and efficiency. The incorporation of timelines
(like the 2-year target for trial completion) and modern methods (like electronic
evidence recording) reflects a significant step towards a more responsive and
time-bound criminal justice system in India. The landmark case laws continue
to serve as the conscience of these provisions, ensuring that procedural
technicalities do not override substantive justice.
 [Link] OF OFFENCES AND PLEA BARGAINING

This is a detailed explanation of Compounding of Offences and Plea Bargaining

under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

These are two distinct but important mechanisms that promote the resolution of
criminal cases without a full-length trial, thereby reducing the burden on the
courts.

Part 1: COMPOUNDING OF OFFENCES

Compounding is a process where the victim (the person against whom the
offence was committed) and the accused enter into a voluntary agreement to
settle the case. The victim agrees to withdraw the charges, usually in exchange
for some form of compensation or apology, and the accused is acquitted.

Objective:

To allow for an amicable settlement in less serious, often private, wrongs. It

recognizes that certain offences are primarily against an individual rather than
the state.

Key Provisions under BNSS (Sections 320-325)

1. Who can Compound? (Section 320):

o The list of compoundable offences is provided in the Sanhita itself.

o They are divided into two categories:

 Compounding without Court Permission (Section 320(1)): These offences

can be compounded by the victim themselves without requiring the permission
of the court. (e.g., adultery, causing hurt, criminal trespass).

 Compounding with Court Permission (Section 320(2)): These are slightly

more serious offences that can only be compounded with the permission of the
court before which the trial is pending. (e.g., Voluntarily causing grievous hurt,
criminal breach of trust, theft).

2. Effect of Compounding (Section 321):

o When an offence is lawfully compounded, it has the same effect as
an acquittal of the accused.

3. Bar on Subsequent Prosecution (Section 322):

o A person whose offence has been compounded cannot be prosecuted again for
the same offence.

4. Withdrawal of Compounding (Section 323):

o If the accused fails to comply with the terms of the compromise, the victim can
apply to the court to have the compounding revoked, and the trial can
recommence.

Landmark Case Laws on Compounding:

1. Nature of Compounding:

o Case: Bhima Singh v. State of H.P. (2003)

o Principle: The Supreme Court held that compounding is a voluntary act

between the parties. The court's role is primarily to ensure the compromise is
voluntary and not the result of coercion or undue influence. The court should
not force a compromise.

2. Non-Compoundable Offences:

o Case: Ram Lal v. State of J&K (1999)

o Principle: The Supreme Court has consistently held that offences not listed in
Section 320 cannot be compounded. This is a strict rule, especially for serious
offences like murder, rape, or dacoity, which are considered crimes against
society at large. However, in the interest of justice, the Supreme Court, using its
extraordinary powers under Article 142 of the Constitution, has sometimes
quashed proceedings in non-compoundable offences if a settlement was
reached, but this is an exception, not the rule.

Part 2: PLEA BARGAINING

Plea Bargaining is a process where the accused offers to plead guilty in

exchange for some concession from the prosecution or the court. This
concession is usually a lighter sentence or a charge for a less serious offence.

Objective:
 To expedite the disposal of criminal cases and reduce the backlog of cases in
courts. It was introduced in India in 2005 (in the CrPC) and has been retained in
the BNSS.

Key Provisions under BNSS (Sections 334-341)

1. Applicability (Section 334):

o Plea bargaining is available only for offences:

 Punishable with imprisonment for less than 7 years.

 That do not affect the socio-economic condition of the country.

 That are not committed against a woman or a child below 14 years.

2. Procedure (Section 335):

o Application: The accused must file a formal application for plea bargaining.

o Voluntariness: The court must ensure the application is filed voluntarily.

o Mutual Satisfaction: The court facilitates meetings between the prosecution

and the victim to work out a mutually satisfactory disposition, which may
include compensation to the victim.

o Guilty Plea: If a settlement is reached, the court records the guilty plea of the
accused.

3. Sentence (Section 337):

o The court may pass a sentence based on the mutually agreed disposition. The
sentence can be:

 Probation under the Probation of Offenders Act.

 A sentence of imprisonment of up to one-fourth of the punishment provided for

the offence.

 The accused may also be released on probation of good conduct.

4. Finality of Judgment (Section 338):

o The judgment delivered in a plea bargaining case is final. No appeal lies against
it, except through a special leave petition under Article 136 of the Constitution
or a writ petition.
5. Confidentiality (Section 340):

o The negotiations and discussions during the plea bargaining process

are confidential and cannot be used for any other purpose.

Landmark Case Laws on Plea Bargaining:

1. Constitutional Validity:

o Case: State of Gujarat v. Natwar Harchandji Thakor (2005)

o Principle: The Gujarat High Court upheld the constitutional validity of plea
bargaining. It emphasized that it is a voluntary process designed to benefit all
parties: the accused gets a lighter sentence, the victim gets compensation
quickly, and the state saves resources.

2. Voluntariness is Key:

o Case: Thippaswamy v. State of Karnataka (1983) (A pre-plea bargaining case,

but its principle is foundational)

o Principle: The Supreme Court held that inducing an accused to plead guilty
under a promise or assurance would be violative of Article 21 (Right to Life and
Liberty). This principle underscores that plea bargaining must be free from any
coercion.

3. Not a Matter of Right:

o Case: Murlidhar Meghraj Loya v. State of Maharashtra (1976)

o Principle: The court has the discretion to accept or reject a plea bargain. It is
not a right that the accused can claim. The court must be satisfied that it will
serve the interests of justice.

Comparison: Compounding vs. Plea Bargaining

Compounding of
Feature Plea Bargaining
Offences

Nature A settlement between the A bargain between the accused

 Compounding of
Feature Plea Bargaining
Offences

and the State (through the

accused and the victim.
court).

Initiator Initiated by the victim. Initiated by the accused.

Consultative. The victim is

Role of Central. Their consent is heard on compensation, but
Victim mandatory. their consent is not mandatory
for the bargain.

Mostly supervisory; grants Active and central; facilitates

Role of
permission for certain the process and ensures
Court
offences. voluntariness.

Conviction based on a guilty

Result Acquittal of the accused. plea, but with a reduced
sentence.

To offences punishable with up

Only to specific offences
Applicability to 7 years, with specific
listed in Section 320.
exceptions.

No appeal as it results in Generally, no appeal against the

Appeal
acquittal. judgment.
Conclusion

Both compounding and plea bargaining are essential tools for Alternative
Dispute Resolution (ADR) in criminal law under the BNSS.
While compounding is a victim-centric process for settling private
disputes, plea bargaining is an accused-initiated mechanism for expediting
justice in less serious crimes. Together, they play a vital role in decongesting
the criminal justice system, providing quicker resolutions, and ensuring that
limited judicial resources are focused on more serious offences. The key
safeguard for both processes is the voluntary and informed consent of the
parties involved, which the court is duty-bound to protect.
 6. CONCURRENT AND CONSECUTIVE RUNNING OF
SENTENCES

This is a detailed explanation of the concurrent and consecutive running of

sentences under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

This is a crucial area of sentencing policy that determines whether multiple

prison terms will be served at the same time (concurrently) or one after the other
(consecutively), significantly impacting the total time an accused spends in
prison.

Introduction: The Core Concept

When an accused person is convicted for multiple offences in a single trial or

different trials, the court must decide how the sentences of imprisonment will be
served. The BNSS provides rules for this, which are primarily based on judicial
discretion aimed at doing justice.

 Concurrent Sentences: Sentences that run at the same time. The prisoner
serves the longest single sentence.

 Consecutive Sentences: Sentences that run one after the other. The prisoner
serves the aggregate of all sentences.

Legal Provisions under BNSS

The relevant provisions are Sections 4(79) (Definition of 'Sentence') and, most
importantly, Section 398.

1. Section 4(79) - Definition of 'Sentence'

This section defines a 'sentence' as the punishment awarded by a Criminal

Court. It forms the basis for understanding what is being ordered to run
concurrently or consecutively.

2. Section 398 - The Main Provision

This is the central section governing the running of sentences. It states:

 "398. (1) When a person is convicted at one trial of two or more offences,
the Court may, subject to the provisions of section 399, sentence him for
such offences to the several punishments prescribed therefor which such
Court is competent to inflict; such punishments, when consisting of
imprisonment to commence the one after the expiration of the other in such
order as the Court may direct, unless the Court directs that such
punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the
Court, by reason only of the aggregate punishment for the several offences
being in excess of the punishment which it is competent to inflict on
conviction of a single offence, to send the offender for trial before a higher
Court."

Analysis of Section 398:

 Sub-section (1): This is the operative part.

o Default Rule: The default legal position is that sentences for multiple offences
in one trial shall run consecutively (one after the other). The court can specify
the order.

o Judicial Discretion: However, the court has the discretion to override this
default rule and direct that the sentences shall run concurrently. The phrase
"unless the Court directs" gives the court this power.

o Single Trial: This rule applies specifically to convictions arising from a single
trial.

 Sub-section (2): This is a procedural safeguard.

o It clarifies that if a Magistrate, who has limited sentencing power (e.g., can only
sentence up to 3 years), convicts an accused of multiple offences and orders
consecutive sentences, the total imprisonment may exceed their individual
sentencing limit. The Magistrate is not required to send the case to a higher
court for sentencing. They can pass the sentence themselves.

3. Section 399 - Exception for Life Imprisonment

This section creates a critical exception.

"399. In cases of convictions for several offences, if the accused is sentenced

to imprisonment for life, such sentence shall not be ordered to run
concurrently with any other sentence of imprisonment."
 Meaning: A sentence of life imprisonment cannot run concurrently with any
other sentence of imprisonment. If a person is convicted for murder (life
imprisonment) and robbery (5 years rigorous imprisonment), the life sentence
and the 5-year sentence must run consecutively. In practice, since a life
imprisonment lasts for the convict's natural life, the other sentence is subsumed
by it, but legally, they are consecutive.

When do Courts Order Concurrent vs. Consecutive Sentences?

The BNSS does not provide a rigid formula. The discretion is left to the courts,
which exercise it based on principles developed through case law.

Principles for CONCURRENT Sentences (Running at the same time)

Courts typically order concurrent sentences when the offences are part of
the same transaction or are closely connected. The idea is that the criminality
is essentially one act or a single course of conduct.

Examples:

 A single act resulting in multiple offences (e.g., throwing a bomb that kills one
person and injures another: conviction under murder and attempted murder).

 A series of acts so connected that they form a single transaction (e.g., in a

robbery, convictions for theft, causing hurt, and wrongful confinement).

Principles for CONSECUTIVE Sentences (Running one after the other)

Courts typically order consecutive sentences when the offences are distinct,
separate, and unrelated transactions. This is done to reflect the gravity of
each independent criminal act.

Examples:

 A person convicted for three separate and unrelated thefts committed on

different days.

 A person convicted for a robbery and, while in jail for that offence, assaulting a
prison guard (a separate, distinct crime).
 Landmark Case Laws

The judiciary has provided significant guidance on how the discretion under
Section 398 (and its predecessor, Section 31 CrPC) should be exercised.

1. The "Single Transaction" Test

o Case: Mohan Singh v. State of Bihar (2011)

o Principle: The Supreme Court held that if two or more offences are committed
in the course of a single transaction, the sentences should generally be
concurrent. The court must examine the proximity of time, place, and purpose
between the offences.

2. Discretion must be Exercised Judiciously

o Case: O.M. Cherian @ Thankachan v. State of Kerala (2015)

o Principle: This is a landmark judgment. The Supreme Court elaborated that the
power to direct concurrent sentences is discretionary, but the discretion must be
exercised judiciously and not mechanically. The court must consider:

 The nature of the offences.

 The circumstances in which they were committed.

 Whether the offences are distinct and separate.

o The court emphasized that if the offences are distinct and have no connection,
consecutive sentencing is appropriate.

3. Totality Principle

o Case: State of Punjab v. Madan Lal (2009)

o Principle: Even when consecutive sentences are justified, the court must apply
the "totality principle". This means the aggregate sentence should not be so
harsh that it is crushing or disproportionate to the overall criminal behavior. The
court can adjust the sentences to ensure the total term is just and appropriate.

4. Life Imprisonment Cannot be Concurrent

o Case: Muthuramalingam v. State (2016)

o Principle: The Supreme Court reaffirmed the statutory rule (now Section 399
BNSS) that a sentence of imprisonment for life cannot run concurrently with
any other sentence. It must run consecutively.
Summary Table

Aspect Concurrent Sentences Consecutive Sentences

Legal Discretionary (Court must Default Rule (Unless court

Default order it) orders otherwise)

Sentences run simultaneously. Sentences run one after the

Effect Prisoner serves the longest other. Prisoner serves the
single term. sum of all terms.

When Offences form part of Offences are separate and

Ordered the same transaction. distinct transactions.

Governing Section 398(1) BNSS ("unless Section 398(1) BNSS

Section the Court directs...") (Default position)

Life imprisonment must

Not applicable to life
Exception always be consecutive (S.
imprisonment (S. 399).
399).

Key
Single Transaction Test Totality Principle
Principle

Conclusion

The rules regarding concurrent and consecutive sentences under the BNSS
strike a balance between legislative direction and judicial discretion. While the
law starts with a presumption in favor of consecutive sentences to account for
each distinct crime, it empowers the courts to order concurrent sentences where
the offences are interconnected, ensuring the punishment is proportional to the
overall criminal conduct. The landmark judgments provide a clear framework
for courts to exercise this discretion judiciously, ensuring that sentencing is both
principled and fair. The absolute bar on making life imprisonment concurrent
underscores the unique gravity attached to that sentence.
 [Link], REVISION AND REFERENCE

This is a detailed explanation of Appeals, Revision, and Reference under the

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

These are crucial post-trial mechanisms that ensure the correctness of judicial
decisions and form the bedrock of a hierarchical and fair criminal justice
system.

Introduction: The Hierarchy of Remedies

After a judgment is delivered by a trial court, the legal process provides avenues
for challenging its correctness. These avenues are structured in a hierarchy:

1. Appeal: A statutory right to have the case re-heard by a superior court.

2. Revision: A supervisory power of a superior court to examine the legality or

propriety of a lower court's order.

3. Reference: A procedure where a subordinate court seeks the opinion of a High

Court on a question of law.

Part 1: APPEALS (Sections 342-383 BNSS)

An appeal is a continuation of the original proceeding where a superior court

(Appellate Court) re-hears the case on questions of fact, law, or both.

A. General Principles

 Right of Appeal: Unlike the inherent right to a trial, the right to appeal is a
creature of statute. It must be expressly provided for by law. (Section 342)

 No Appeal in Certain Cases: There is no appeal against an order of acquittal

by the State if the case was instituted upon a complaint and the High Court
grants special leave. (Section 376)

B. Key Sections and Appellate Forums

 Appellate Relevant BNSS
Convicting Court
Court Section

Any Magistrate (other than Chief Court of

Section 373
Judicial Magistrate) Session

Chief Judicial Magistrate / Court of

Section 374(2)
Metropolitan Magistrate Session

Court of Session / Additional Sessions

High Court Section 374(1)
Judge

Supreme
High Court (in its original jurisdiction) Section 374(3)
Court

C. Important Types of Appeals

1. Appeal against Acquittal (Section 377):

o Filed by the State Government (or the Central Agency) against an order of
acquittal.

o High Standard: The Appellate Court will be very slow to interfere with an
acquittal. It can reverse an acquittal only if the trial court's view was "palpably
wrong," "perverse," or impossible."

o Landmark Case Law: Sheo Swarup v. King Emperor (1934) - Established the
principle that an appellate court has the power to review evidence in appeals
against acquittal but must give great weight to the trial court's view on witness
credibility.

2. Appeal for Enhancement of Sentence (Section 378):

o Filed by the State Government or the victim if they feel the sentence awarded is
unduly lenient.
o The Appellate Court can enhance the sentence after giving the accused a
reasonable opportunity of being heard.

3. Appeal in Case of Conviction under Summary Trial (Section 375):

o An appeal lies only if a sentence of imprisonment exceeding three months is

passed.

D. Procedure for Appeal

 Filing: The appeal must be filed in the form of a petition, accompanied by a

copy of the judgment. (Section 381)

 Summary Dismissal (Section 383): The Appellate Court can dismiss an appeal
summarily (without issuing notice to the respondent) if it considers there are no
sufficient grounds for interfering.

 Hearing (Sections 384-385): If not dismissed summarily, the court issues

notice, hears the parties, and can re-appreciate evidence.

Part 2: REVISION (Sections 404-410 BNSS)

Revision is a supervisory jurisdiction exercised by the High Court or the Court

of Session to correct a gross miscarriage of justice in an order passed by a
subordinate court.

Key Features:

1. Not a Right, but a Power: The revisional court's power is discretionary. A

party has no right to demand revision; the court may act suo motu (on its own)
or on an application. (Section 404)

2. Limited Scope: The revisional court does not re-hear the case like an appellate
court. It intervenes only if the lower court has:

o Exercised a jurisdiction not vested in it by law; or

o Failed to exercise a jurisdiction so vested; or

o Acted illegally or with material irregularity. (Section 405)

3. Bar on Converting Acquittal into Conviction (Proviso to Section 405): This

is a crucial safeguard. The revisional court cannot convert an order of
acquittal into one of conviction. It can only order a re-trial.
4. Power to Order Inquiry (Section 408): The High Court or Sessions Judge can
order a Chief Judicial Magistrate to make an inquiry into a case.

Landmark Case Law on Revision:

 Case: Pandit vs. State of Maharashtra (1979)

 Principle: The Supreme Court held that the revisional power is meant to be
exercised sparingly and only in exceptional cases where there is a glaring defect
in the procedure or a manifest error of law resulting in a flagrant miscarriage of
justice. It is not a "second appeal."

Part 3: REFERENCE (Sections 411-413 BNSS)

A reference is a process where a subordinate court (Sessions Judge or

Magistrate) seeks the opinion of the High Court on a question of law that has
arisen before it.

Key Features:

1. Initiated by Subordinate Court: The reference is made by the trial judge

themselves when they feel there is a doubt or question of law that needs
resolution to decide the case correctly.

2. Question of Law Only: The reference can only be made on a substantial

question of law, not on a question of fact.

3. Procedure (Section 411): The referring court frames the question of law and
submits the case with its own opinion to the High Court.

4. High Court's Power (Section 412): The High Court can hear the parties and
decide the question of law. It then sends the case back to the subordinate court
to dispose of it in conformity with its decision.

5. Power to Alter Judgment (Section 413): In a reference from a Court of

Session, the High Court can alter the original judgment itself.

Landmark Case Law on Reference:

 Case: Keshav vs. State of Maharashtra (1985)

 Principle: The Supreme Court clarified that a reference should be made only
when a bona fide doubt exists on a point of law that is essential for the disposal
of the case. It is not meant for hypothetical questions.
Comparison Table: Appeal vs. Revision vs. Reference

Feature Appeal Revision Reference

A Duty of the
A Right of the A Power of the
Nature subordinate court to
aggrieved party. superior court.
seek guidance.

Wide. Can re- Narrow. Only for

Very Specific. Only
appreciate illegality,
Scope on a question of
evidence on irregularity, or
law.
facts and law. jurisdictional error.

To correct an To correct a
To resolve a doubt
Purpose error in the miscarriage of
on a point of law.
judgment. justice.

The High
The convicted The Sessions Judge
Who Court/Sessions
person or the or Magistrate trying
Initiates? Court suo motu or on
State. the case.
an application.

Hearing on the
Full re-hearing Limited examination
Hearing specific question of
of the case. of the record.
law referred.

Result Can reverse, Can reverse, modify The High Court

modify, or the order, or order a answers the
 Feature Appeal Revision Reference

question, and the

affirm the
re-trial. case is disposed of
order.
accordingly.

Conclusion

The BNSS provides a comprehensive and multi-layered system of checks and

balances through Appeals, Revision, and Reference.

 Appeals offer the primary and broadest remedy for correcting errors.

 Revision acts as a safety net to catch grave injustices that may slip through,
exercising a supervisory role.

 Reference serves as a collaborative tool, allowing subordinate courts to seek

clarity from the High Court on complex legal issues, ensuring uniformity in the
application of law.

Together, these mechanisms uphold the integrity of the criminal justice system
by ensuring that lower court decisions are subject to scrutiny, thereby protecting
the rights of citizens and maintaining public confidence in the judiciary.
 8. SECCURITY FOR KEEPING PEACE AND GOOD BEHAVIOUR

This is a detailed explanation of the provisions for "Security for Keeping the
Peace and for Good Behaviour" under the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.

These are preventive measures designed to stop the commission of offences

before they occur. Unlike punitive actions that punish after a crime, these
provisions aim to maintain public peace and order proactively.

Introduction: The Preventive Jurisdiction

The power to demand security for keeping the peace and good behaviour is a
unique and powerful tool derived from the state's duty to prevent crime. It
targets individuals who are likely to breach the peace or commit an offence,
based on their past conduct or intended actions.

The relevant sections are Sections 119 to 135 of the BNSS.

Part 1: Security for Keeping the Peace (Sections 119-124 BNSS)

This is aimed at preventing a future breach of the peace.

A. When can it be invoked? (Section 119)

A person can be asked to execute a bond (with or without sureties) for keeping
the peace for up to one year in the following situations:

1. Upon Conviction: When a person is convicted of an offence involving a breach

of the peace (e.g., assault, rioting) and the court believes they may commit a
similar offence in the future. The bond is in addition to the sentence.

2. In Other Cases (Non-Conviction): When an Executive Magistrate receives

information that a person is likely to commit a breach of the peace or disturb
public tranquillity. This is a purely preventive action.

B. Procedure (Sections 120-122)

1. Initiation: A Magistrate, on receiving information, must inquire into the truth

of the information.
2. Show Cause Notice: If the Magistrate is satisfied, they issue a notice to the
person, requiring them to show cause why they should not be ordered to
execute a bond for keeping the peace.

3. Inquiry: An inquiry is held where the person can cross-examine witnesses and
present their own evidence.

4. Final Order: If the inquiry confirms the necessity, the Magistrate passes an
order requiring the person to execute the bond. If the person fails to do so, they
can be imprisoned for up to one year.

Part 2: Security for Good Behaviour (Sections 125-132 BNSS)

This is a broader and more stringent power, aimed at habitual offenders or

individuals deemed a general threat to the community.

A. Categories of Persons (Section 125)

Security for good behaviour can be demanded from:

1. Persons disseminating seditious matters.

2. Habitual offenders: Persons who are:

o Habitual robbers, house-breakers, or thieves.

o Habitual forgers, coiners, or receivers of stolen property.

o Habitual offenders in committing acts that cause or are likely to cause

injury to person or property.

3. Persons who are desperate and dangerous and cannot be controlled without
demanding security.

4. Carriers of weapons: Persons who knowingly or intentionally carry arms, etc.,

without lawful excuse to terrorize the public.

B. Procedure

The procedure is similar to that for keeping the peace:

 Initiation by a Magistrate on receiving a police report or other information.

 Show Cause Notice is issued.

 Inquiry is conducted.

 Final Order is passed, requiring the execution of a bond for good behaviour for
a period not exceeding three years.

Part 3: Common Procedural Steps & Important Concepts

1. Preliminary Inquiry (Section 127)

Before passing a final order, the Magistrate must conduct an inquiry, following
the procedure, as far as possible, for the trial of summons cases.

2. Order to Give Security (Section 128)

If the inquiry confirms the need for security, the Magistrate passes a written
order specifying:

 The amount of the bond.

 The number of sureties (if any).

 The time period (not exceeding one year for peace, three years for good
behaviour).

3. Imprisonment in Default of Security (Section 129)

If a person fails to execute the bond as ordered, the Magistrate can commit them
to prison.

 If the person is already in prison, the term runs concurrently.

 The maximum imprisonment is the period for which the security was required.

4. Power to Reject Sureties (Section 130)

The Magistrate has the discretion to reject any surety offered if there are reasons
to believe they are not fit or proper.

5. Discharge of Security (Section 131)

The person can apply for discharge after half the period of the bond has expired.
The Magistrate can discharge them if their conduct has been satisfactory and
they are no longer a threat.
 6. Appeal (Section 133)

Any person aggrieved by an order under this chapter can appeal to the Sessions
Court. The appeal must be filed within 30 days.

Landmark Case Laws

The judiciary has consistently emphasized that these are extraordinary powers
that must be exercised with caution to prevent misuse and protect individual
liberty.

1. Strict Adherence to Procedure & Proof of Likelihood

o Case: Madhu Limaye v. S.D.M., Monghyr (1970)

o Principle: The Supreme Court held that the power to bind over a person is a
great inroad on personal liberty. The Magistrate must have objective
material to show that the person is likely to breach the peace. Vague or general
allegations are not sufficient. The procedure must be strictly followed.

2. "Likely to Commit a Breach of the Peace"

o Case: Ved Prakash v. State of H.P. (1997)

o Principle: The expression "likely to commit a breach of the peace" implies

a proximate or imminent threat. The Magistrate must record specific findings
based on evidence that such a likelihood exists. A mere past history is not
enough unless it indicates a future propensity.

3. Habitual Offender - Meaning of "Habitual"

o Case: Vijay Narain Singh v. State of Bihar (1984)

o Principle: The court interpreted "habitual" to mean a propensity or inherent

tendency to commit the offence. It is not merely the number of cases but the
continuous course of conduct that makes a person a habitual offender. The
evidence must show a persistent pattern of criminal behavior.

4. Preventive Jurisdiction vs. Punitive Jurisdiction

o Case: Raghubansh v. State of Bihar (1987)

o Principle: The Supreme Court distinguished preventive detention/jurisdiction

from punitive action. The goal of these provisions is prevention, not
punishment. Therefore, the standard of proof is not "beyond a reasonable
doubt" as in a trial, but a reasonable apprehension of a future threat based on
credible information.

Summary Table: Peace vs. Good Behaviour

Security for Keeping Security for Good

Feature
the Peace Behaviour

To prevent a To prevent general criminal

Objective specific breach of the activity; aimed at habitual
peace. offenders.

Being a habitual offender,

Likelihood of committing
Trigger desperate, or dangerous
a breach of peace.
character.

Governing
Section 119 Section 125
Section

Maximum
One Year Three Years
Bond Period

Broader, focused on the

Narrower, focused on
Scope individual's overall criminal
public tranquillity.
propensity.

Conclusion

The provisions for Security for Keeping the Peace and Good Behaviour under
the BNSS are essential tools for preventive justice. They empower the
executive magistracy to act before a crime occurs, thereby maintaining public
 order and safety. However, recognizing the potential for these powers to
infringe upon fundamental rights to liberty, the BNSS, guided by landmark
judicial pronouncements, incorporates several safeguards:

 The requirement of a prior inquiry.

 The right to show cause.

 The principle that imprisonment is a last resort (only if the bond is not
furnished).

 The right to appeal.

The courts have consistently acted as sentinels, ensuring that these powers are
used not as instruments of oppression but as necessary measures for public
safety, strictly in accordance with the law.
 9. MAINTENACE – ALTERATION AND ENFORCEMENT

This is a detailed explanation of the provisions for Maintenance, its Alteration,

and Enforcement under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

These provisions, contained in Chapter IX (Sections 69 to 88) of the BNSS,

are crucial for providing financial support to wives, children, and parents who
are unable to maintain themselves. The law places a statutory obligation on a
person with sufficient means to maintain their dependents.

Part 1: MAINTENANCE (Sections 69-81 BNSS)

A. Who can claim Maintenance?

1. Wives (Section 69):

o Any wife (including divorced wives who have not remarried) can claim
maintenance from her husband if she is unable to maintain herself.

o Grounds: The husband has neglected or refused to maintain her.

2. Children (Section 70):

o Legitimate or illegitimate minor children (whether married or not) can

claim maintenance from their father/mother if they are unable to maintain
themselves.

o Major children can also claim maintenance if they suffer from any
physical or mental abnormality or injury that prevents them from
maintaining themselves.

3. Parents (Section 71):

o A father or mother, unable to maintain themselves, can claim maintenance

from their son or daughter.
 o This includes adoptive parents, but not a father or mother who has
remarried or is not a widow.

B. Procedure for Claiming Maintenance

1. Application (Section 72): The person claiming maintenance (or their

guardian) must file an application before a Magistrate of the first class.

2. Jurisdiction (Section 73): The application can be filed where:

o The husband/father/person liable to pay maintenance resides, or

o Where the claimant resides, or

o Where the person liable to pay maintenance last resided with the claimant.

3. Inquiry and Evidence (Section 74): The Magistrate conducts an inquiry.

Both parties are given an opportunity to lead evidence. The inquiry is
summary in nature.

4. Court's Decision (Section 75): The Magistrate, after considering the

evidence and the respective incomes of the parties, passes a final order.
The order can:

o Dismiss the application, or

o Direct the person to pay a monthly allowance for maintenance to the

claimant. The payment can be ordered to be made to the claimant or
through the court.

C. Quantum of Maintenance (Section 76)

The Magistrate has the discretion to determine the amount of maintenance. The
court considers:

 The position and status of the parties.

 The reasonable wants of the claimant.

  The income and property of the person liable to pay.

 The number of persons the liable person has to maintain.

 The justness of the claim.

The amount must be sufficient for the claimant to live reasonably, considering
their standard of living during the marriage.

Part 2: ALTERATION IN MAINTENANCE (Section 77 BNSS)

The law recognizes that circumstances can change over time. Therefore, it
provides for the alteration of the maintenance allowance.

 Who can apply? Either party (the person paying or the person receiving)
can apply for alteration.

 Grounds: A change in the circumstances of either party.

o Examples: The husband loses his job, the wife starts earning, the cost of
living increases significantly, the child's educational expenses rise, etc.

 Procedure: The application is made to the Magistrate who passed the

original order or his successor. The Magistrate will hear both parties and
may alter the allowance as it deems fit. The alteration can be an increase,
decrease, or even cancellation of the allowance.

Part 3: ENFORCEMENT OF MAINTENANCE ORDERS (Sections 78-81

BNSS)

An order for maintenance is meaningless without an effective mechanism for its

enforcement. The BNSS provides strong enforcement tools.

1. Default & Recovery as Fine (Section 78):

 o If any person fails to comply with a maintenance order without sufficient
cause, the Magistrate may, for every breach of the order, issue a warrant
for levying the amount due in the manner provided for levying fines.

o The Magistrate may also sentence such a person to imprisonment for a

term which may extend to one month or until payment if sooner made.

2. Recovery by Attachment & Sale (Section 79):

o The Magistrate can also recover the amount by issuing a warrant for the
attachment and sale of any movable property belonging to the defaulter.

3. Recovery from Salary (Section 80):

o This is a very effective provision. If the person ordered to pay

maintenance is a salaried employee (working for the government or any
other employer), the Magistrate can order the employer to deduct the
maintenance allowance from the person's salary and pay it directly to the
claimant.

o The employer is legally bound to comply with this order.

Landmark Case Laws

The judiciary has played a pivotal role in interpreting these provisions liberally
to achieve the social justice objective behind maintenance laws.

1. On the Scope of "Wife" and Quantum of Maintenance:

o Case: Bhogadi Chandana v. Vegesina Bhogadi (2006)

o Principle: The Supreme Court held that the term "wife" includes a
divorced wife who has not remarried. The court also emphasized that the
amount of maintenance should be such as to enable the wife to live a life
of dignity, similar to the standard she was accustomed to in her
matrimonial home.
 2. On the Duty of a Father to Maintain Children:

o Case: Kirtikant D. Vadodaria v. State of Gujarat (1996)

o Principle: The Supreme Court held that a father's obligation to maintain

his children is absolute and personal. He cannot avoid this liability by
claiming that the children are living with their mother or that he has no
source of income. He is expected to earn and provide for his children.

3. On Enforcement and Imprisonment for Default:

o Case: Savitri v. Govind Singh Rawat (1985)

o Principle: The Supreme Court clarified that imprisonment for default in

paying maintenance is not a substitute for the payment. It is a mode of
enforcement. The primary purpose is to compel the person to pay the
dues. The court can order both attachment of property and imprisonment.

4. On Alteration of Maintenance (Change in Circumstances):

o Case: K. Sivaram v. K. Mangalamba (1990)

o Principle: The Andhra Pradesh High Court held that a mere bald
assertion of a change in circumstances is not enough. The party seeking
alteration must place concrete evidence before the court to prove the
change, such as proof of loss of employment, medical expenses, or
increased income of the other party.

Summary Table: Key Provisions in BNSS

Relevant
Aspect BNSS Brief Description
Section

Maintenance for 69 Wife (including divorced) unable to

Wife maintain herself can claim from
 Relevant
Aspect BNSS Brief Description
Section

husband.

Maintenance for Minor children and incapable major

70
Children children can claim from parents.

Maintenance for Indigent parents can claim from their

71
Parents children.

Application, inquiry, and passing of the

Procedure 72-75
final order by the Magistrate.

Based on income, status, and reasonable

Quantum 76
wants of the parties.

Allowance can be increased, decreased,

Alteration 77 or canceled based on a change in
circumstances.

Enforcement - Levy of amount as a fine and/or

78
Default imprisonment up to one month.

Enforcement - Attachment and sale of the defaulter's

79
Attachment movable property.
 Relevant
Aspect BNSS Brief Description
Section

Enforcement - Directing the employer to deduct

80
Salary maintenance from the salary.

Conclusion

The provisions for Maintenance, Alteration, and Enforcement under the BNSS
are a vital social welfare measure. They are designed to prevent destitution and
ensure that vulnerable dependents—wives, children, and parents—are not left
without financial support. The law imposes a strict obligation on those with
sufficient means to provide for their dependents. The powers granted to the
Magistrate for enforcement are robust, ensuring that maintenance orders are not
merely paper decrees. Guided by progressive judicial interpretations, these
provisions strive to uphold the dignity and right to life of dependents, making
them a cornerstone of socio-legal justice in India.