Judicial Services Exam (PCS-J) Criminal Procedure and Bharatiya Nagarik Suraksha Sanhita Syllabus

What new mandatory technological requirement does BNSS impose on search and seizure?

Section 105 makes audio-video recording (preferably by mobile phone) of search and seizure, including preparation of the list of seized items and signatures of witnesses, mandatory; the recording must be forwarded to the magistrate without delay.

What does 'cognizance of an offence' mean and under which BNSS section may a Magistrate take it?

Taking cognizance means the magistrate's application of judicial mind to the alleged offence to proceed further. Under Section 210, a magistrate may take cognizance upon (a) a complaint, (b) a police report, or (c) information from a person other than a police officer, or his own knowledge.

What is a 'complaint' under BNSS and how does it differ from an FIR/police report?

A complaint is any allegation made orally or in writing to a magistrate, with a view to his taking action, that some person has committed an offence - excluding a police report. Unlike an FIR, it is made directly to the magistrate, not the police.

What must a Magistrate do upon taking cognizance on a complaint under BNSS Section 223?

Examine the complainant and witnesses on oath (the substance to be reduced to writing and signed), and the accused must be given an opportunity of being heard before cognizance is taken in such cases - a new safeguard introduced by BNSS.

Under BNSS, what options does a Magistrate have after examining a complaint - postponement of process?

Under Section 225, the magistrate may postpone issue of process and either inquire into the case himself or direct an investigation by the police (for non-cognizable, or where the offence is exclusively triable by Sessions, the police direction is limited) to decide whether there is sufficient ground to proceed.

What is the general rule of jurisdiction for the place of trial under BNSS Section 197?

An offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

How does BNSS treat jurisdiction where it is uncertain in which of several local areas an offence was committed?

Under Section 198, when it is uncertain in which of several local areas the offence was committed, or where it is committed partly in one and partly in another, or is a continuing offence, it may be inquired into or tried by a court having jurisdiction over any of such areas.

Name the types of processes to compel appearance of a person under BNSS.

Summons (Sections 63-69), warrant of arrest (Sections 72-83), proclamation for absconding persons (Section 84), and attachment of property of the proclaimed person (Section 85).

What modern modes of serving summons does BNSS Section 64/65 newly recognise?

BNSS permits service of summons in electronic form (e.g., encrypted electronic communication bearing the court's image of seal), making digital summons legally valid.

Distinguish a bailable offence from a non-bailable offence under BNSS.

In a bailable offence, bail is a right and the police/court must grant it (Section 478); in a non-bailable offence, bail is discretionary with the court (Section 480) and not a matter of right.

What is anticipatory bail and under which BNSS section is it granted?

Anticipatory bail (Section 482) is a direction by the Sessions Court or High Court that, in the event of arrest for a non-bailable offence, the applicant shall be released on bail; it is sought in anticipation of arrest.

What is the rule on default bail (statutory bail) under BNSS Section 187?

If investigation is not completed and the charge sheet not filed within 60 days (offences punishable up to 10 years) or 90 days (offences punishable with death/life/10 years or more), the accused is entitled to be released on default bail if he furnishes bail.

What innovation does BNSS Section 479 introduce regarding undertrial prisoners?

A first-time offender (never previously convicted) must be released on bond after serving one-third of the maximum sentence; other undertrials after one-half; an undertrial cannot be detained beyond the maximum imprisonment for the offence - except where punishable with life imprisonment or where multiple cases are pending.

Who can claim maintenance under BNSS Section 144, and what categories of persons are liable to maintain?

A wife (including divorced wife not remarried), legitimate or illegitimate minor children, a major child unable to maintain itself due to physical/mental abnormality, and parents - may claim maintenance from a person with sufficient means who neglects/refuses to maintain them.

When can a wife NOT claim maintenance under BNSS Section 144?

If she is living in adultery, or refuses to live with her husband without sufficient reason, or they are living separately by mutual consent.

What proceedings come under 'Security for Keeping the Peace and for Good Behaviour' in BNSS, and which authority orders them?

Executive Magistrates may require security for keeping the peace on conviction (Section 125) or in other cases (Section 126), and security for good behaviour from suspected persons (Sec 127), habitual offenders, etc. - preventive measures to bind a person over with a bond.

What is the purpose and key provision for maintaining public order using urgent orders (the old Section 144 CrPC)?

Under BNSS Section 163, a District/Sub-Divisional/Executive Magistrate may issue urgent orders in cases of nuisance or apprehended danger to direct any person to abstain from a certain act; such an order remains in force for not more than 2 months (extendable up to 6 months by the State Government).

What is the procedure for dispersal of an unlawful assembly under BNSS?

Under Sections 148-152, an Executive Magistrate or officer in charge may command an unlawful assembly to disperse; if it does not, civil/armed force may be used to disperse it and arrest/confine members - force must be proportionate and minimal.

What is a 'charge' and what must its contents include under BNSS Section 234?

A charge is a precise formulation of the specific accusation against the accused. It must state the offence, the specific name of the offence (or definition if unnamed), the law and section, and that the legal conditions of the offence are satisfied - so the accused knows the case to meet.

State the basic rule on joinder of charges and the key exceptions under BNSS.

General rule (Section 243): for every distinct offence there shall be a separate charge tried separately. Exceptions allow joint trial - e.g., three offences of the same kind within 12 months (Sec 242), offences committed in one transaction (Sec 244), and several persons in the same transaction (Sec 246).

What is the law on alteration/amendment of a charge under BNSS Section 239?

Any court may alter or add to any charge before judgment is pronounced; the altered charge must be read and explained to the accused, and if it prejudices the accused, the court may allow a new/recalled witness and adjourn the trial.

Outline the key stages of a trial before a Court of Session under BNSS.

Prosecutor opens case (Sec 248) -> discharge if no sufficient ground (Sec 250) -> framing of charge (Sec 251) -> plea/conviction on plea -> prosecution evidence (Sec 254) -> statement of accused (Sec 351) -> acquittal if no evidence (Sec 255) -> defence evidence -> arguments -> judgment (Sec 258).

Within what time must a Sessions trial charge be framed after committal under BNSS, a new reform?

Under Section 251, the judge must frame the charge within 60 days from the date of first hearing on the charge - a timeline newly introduced to speed up trials.

Distinguish a warrant case from a summons case under BNSS.

A warrant case is one relating to an offence punishable with death, life imprisonment, or imprisonment for more than 2 years. A summons case is any case that is not a warrant case (offences punishable up to 2 years).

What is the time limit for delivering judgment after conclusion of trial under BNSS Section 258, a notable reform?

Judgment must be pronounced within 30 days of completion of arguments, extendable to 45 days for special reasons recorded in writing.

Which offences may be tried summarily and what is the sentencing cap in a summary trial under BNSS?

Under Section 283, offences such as theft (value up to Rs. 20,000), receiving stolen property, and other petty offences punishable up to 3 years may be tried summarily; no sentence of imprisonment exceeding 3 months can be passed in a summary trial.

What is plea bargaining under BNSS, and for which offences is it barred?

Plea bargaining (Sections 289-300) allows an accused to apply for a mutually satisfactory disposition, usually a lighter sentence, for offences punishable with imprisonment up to 7 years. It is barred for offences affecting socio-economic conditions, offences against a woman or a child below 18, and offences punishable with death/life/over 7 years.

Distinguish appeal, reference, revision and inherent powers of the High Court under BNSS.

Appeal: statutory right/permission to re-examine facts and law of a decision. Reference (Sec 436): a subordinate court refers a question on the validity of a law to the High Court. Revision (Secs 438-442): High Court/Sessions examines legality/propriety of orders for correctness, no full rehearing. Inherent powers (Sec 528): the High Court's residuary power to make orders to give effect to BNSS, prevent abuse of process, or secure the ends of justice.