Bharatiya Nagarik Suraksha Sanhita, 2023
A complete, section-wise, exam-oriented guide to India's new criminal procedure law — explained in simple English, strictly from the Bare Act, for the All India Bar Examination 2026.
Introduction to BNSS 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new code of criminal procedure in India. It received the President's assent on 25 December 2023 and came into force on 1 July 2024. Section 531 expressly repeals the Code of Criminal Procedure, 1973 (CrPC). In simple words: the "how" of criminal justice — how a crime is reported, investigated, tried, and punished — now follows BNSS instead of the old CrPC.
Object and purpose
The long title says BNSS is an Act "to consolidate and amend the law relating to Criminal Procedure." It keeps the familiar CrPC skeleton (arrest, FIR, investigation, charge, trial, bail, appeal) but modernises it with technology, citizen-centric timelines, and victim rights.
Substantive law (the Bharatiya Nyaya Sanhita, 2023) tells you what is a crime and its punishment. Procedural law (BNSS) tells you how the State enforces it — the step-by-step machinery from complaint to sentence. The third pillar is the Bharatiya Sakshya Adhiniyam, 2023 (law of evidence).
Why BNSS is important for AIBE 2026
- BNSS now replaces CrPC as the examinable procedural code, so questions are framed on BNSS section numbers.
- The section numbering has changed from CrPC — knowing the new numbers (e.g., FIR is now s.173, not s.154) is itself a scoring opportunity.
- BNSS introduces new features (zero FIR in statute, electronic FIR, trial in absentia, forensic visits, mercy-petition timelines) that examiners love to test.
How to read this module
Each tab covers one logical block of BNSS, broken into accordions. For every important topic you get: the section number, a plain-English explanation from the Bare Act, key points, a student-friendly example, the common trap, and the exam takeaway. Then practise with three MCQ formats and self-check using the answer key.
Remember the three new codes together: BNS (crimes), BNSS (procedure), BSA (evidence). For procedure, always quote the new BNSS section number.
The Criminal Process at a Glance
| Stage | What happens | Key BNSS sections |
|---|---|---|
| Report | Information of offence given to police; FIR registered | s.173–174 |
| Arrest | Police/private person/Magistrate arrests the accused | s.35–62 |
| Investigation | Collection of evidence, statements, forensic, charge sheet | s.175–193 |
| Cognizance | Magistrate takes notice of the offence | s.210–222 |
| Charge | Formal accusation framed against the accused | s.234–247 |
| Trial | Sessions / warrant / summons / summary trial | s.248–288 |
| Judgment | Conviction or acquittal; sentencing | s.392–406 |
| Bail | Release on bond/bail bond at any stage | s.478–496 |
| Appeal/Revision | Challenge before higher courts | s.413–445 |
| Execution | Carrying out sentence; suspension/remission | s.453–477 |
Chapter I — Preliminary (Sections 1–2)
The Act is called the Bharatiya Nagarik Suraksha Sanhita, 2023. It extends to the whole of India. However, except Chapters IX, XI and XII, its provisions do not automatically apply to (a) the State of Nagaland, and (b) the tribal areas — though the State Government may extend them by notification, with modifications. It comes into force on the date the Central Government appoints by notification.
- Whole-of-India extent, with a carve-out for Nagaland & tribal areas (except Ch IX, XI, XII).
- Commencement is by Central Government notification.
The carve-out is not absolute — Chapters IX (security for peace), XI (public order) and XII (police preventive action) do apply even to Nagaland/tribal areas.
Section 2 defines the working vocabulary of criminal procedure. The most exam-relevant definitions:
| Term | Bare-Act meaning (simplified) |
|---|---|
| Bailable offence 2(c) | Offence shown as bailable in the First Schedule (or made bailable by another law). Any other offence is non-bailable. |
| Bail 2(b) | Release from custody on conditions, on executing a bond or bail bond. |
| Bond 2(e) / Bail bond 2(d) | Bond = undertaking for release without surety. Bail bond = undertaking for release with surety. |
| Cognizable offence 2(g) | One in which a police officer may arrest without warrant (per First Schedule or other law). |
| Non-cognizable offence 2(o) | One in which police have no authority to arrest without warrant. |
| Complaint 2(h) | An allegation (oral/written) to a Magistrate to take action — excludes a police report. |
| Summons-case 2(x) / Warrant-case 2(z) | Warrant-case = punishable with death, life, or imprisonment > 2 years. Everything else is a summons-case. |
| Investigation 2(l) | All proceedings for collection of evidence by a police officer (or a person authorised by a Magistrate). |
| Inquiry 2(k) | Every inquiry, other than a trial, by a Magistrate or Court. |
| Victim 2(y) | Person who suffered loss/injury by the accused's act — includes guardian/legal heir. |
| Audio-video electronic means 2(a) | Any communication device for video-conferencing, recording identification/search/seizure/evidence, etc. |
| Electronic communication 2(i) | Communication of written/verbal/pictorial/video info by electronic device (phone, computer, camera, etc.). |
A files an oral complaint to a Magistrate that B cheated him. That is a "complaint" under 2(h). But if police register an FIR and submit a report after investigation, that report is a "police report" — not a complaint.
"Bailable/non-bailable" is decided by the First Schedule, not by how serious the offence sounds. And a warrant-case is anything punishable with imprisonment for more than two years (plus death/life) — memorise the "2 years" line.
Definitions in s.2 are direct one-mark scorers. Lock in: cognizable = arrest without warrant; complaint excludes police report; bond = no surety, bail bond = with surety.
Ch II–IV — Courts, Prosecution & Powers (Sections 6–34)
Besides the High Courts and courts under other laws, Section 6 says every State shall have these classes of criminal courts:
- Courts of Session (highest trial court for serious offences);
- Judicial Magistrates of the first class;
- Judicial Magistrates of the second class;
- Executive Magistrates (administrative/preventive functions).
Each State is a sessions division or has divisions; each division is a district (s.7). The State Government establishes a Court of Session for every division, and the High Court appoints the Sessions Judge and Additional Sessions Judges (s.8).
BNSS drops the separate "Metropolitan Magistrate" category that existed under CrPC. The judicial hierarchy is now Sessions → JM first class → JM second class, plus Executive Magistrates.
Judicial vs Executive Magistrate: judicial magistrates try cases and pass sentences; executive magistrates handle preventive/administrative work (public order, security bonds). Don't mix the two.
- Public Prosecutor (s.18): for every High Court the Central/State Government appoints a PP and Additional PPs; for districts, the State appoints PPs/Additional PPs. They conduct prosecution on behalf of the State.
- Assistant Public Prosecutors (s.19): the State appoints one or more APPs in every district to conduct prosecution of cases in Magistrate courts.
- Directorate of Prosecution (s.20): the State Government may establish a Directorate of Prosecution headed by a Director, with Deputy/Assistant Directors, to supervise and guide prosecution.
In a murder trial before the Court of Session, the Public Prosecutor argues for the State. In a petty theft case before a Magistrate, an Assistant Public Prosecutor usually appears.
Chapter III fixes which court can pass what sentence (s.23):
| Court | Maximum sentence it can pass |
|---|---|
| High Court | Any sentence authorised by law |
| Sessions / Additional Sessions Judge | Any sentence authorised by law (death sentence subject to High Court confirmation) |
| Chief Judicial Magistrate | Any sentence except death, life, or imprisonment > 7 years |
| Magistrate of the first class | Up to 3 years imprisonment, fine up to ₹50,000, or both, or community service |
| Magistrate of the second class | Up to 1 year imprisonment, fine up to ₹10,000, or both, or community service |
Community service is introduced as a form of punishment (Explanation to s.23): work a convict performs that benefits the community, for which he gets no remuneration. This is one of BNSS's signature reforms.
Remember the magistrate caps: JM-I → 3 yrs / ₹50,000; JM-II → 1 yr / ₹10,000; both can order community service. CJM → up to 7 years.
- s.30: Police officers superior in rank to a station house officer may exercise the same powers throughout the local area.
- Aid to Magistrate (s.31–32): the public is bound to assist a Magistrate or police officer reasonably demanding aid in arresting/preventing escape, or in preventing breach of peace/injury to public property.
- When public must assist: a person is bound to assist when reasonably called upon to help take/prevent escape of someone the officer is authorised to arrest, or to prevent a breach of the peace.
A constable chasing a fleeing chain-snatcher calls out to bystanders for help. Under Ch IV, the bystanders are legally bound to render reasonable assistance.
Chapter V — Arrest of Persons (Sections 35–62) ⭐
This is one of the most heavily tested AIBE chapters. Read the section numbers carefully — they changed from CrPC.
A police officer may arrest without a Magistrate's order and without a warrant in cases listed in s.35(1), including a person who:
- commits a cognizable offence in the officer's presence;
- is reasonably suspected of a cognizable offence punishable up to 7 years — but only if the officer records reasons and is satisfied arrest is necessary (to prevent further offence, for proper investigation, to prevent tampering with evidence, to prevent inducement/threat to witnesses, or to ensure court attendance);
- is credibly informed to have committed a cognizable offence punishable with more than 7 years or death;
- is a proclaimed offender; is found with suspected stolen property; obstructs police / escapes custody; is a suspected armed-forces deserter; etc.
- s.35(3): Where arrest is not required, the officer must issue a notice to appear instead of arresting.
- s.35(7): For an offence punishable with less than 3 years, if the person is infirm or above 60 years, arrest needs prior permission of an officer not below Deputy Superintendent of Police (DSP).
- The officer must record reasons in writing whether arresting or not arresting.
A 67-year-old shopkeeper is accused of an offence punishable with 2 years' imprisonment. The investigating officer cannot arrest him without first getting a DSP's permission (s.35(7)).
For the "up to 7 years" category, arrest is not automatic — the officer must satisfy and record the necessity conditions. Forgetting the "record reasons" requirement is a classic wrong answer.
s.36 — Every officer making an arrest shall:
- bear an accurate, visible and clear identification of his name;
- prepare a memorandum of arrest attested by at least one witness (a family member of the arrested person or a respectable locality member) and countersigned by the arrested person;
- inform the arrested person of his right to have a relative/friend told of the arrest (unless a family member already attested the memo).
s.37 — Designated police officer & control room (new): the State must (a) set up a police control room in every district and at State level, and (b) designate an officer (not below Assistant Sub-Inspector) in every district and station to maintain and prominently display (including digitally) names/addresses of persons arrested and the offence charged.
The district + State control room and public display of arrest information (s.37) is a fresh transparency measure not present as such in CrPC.
- s.38: An arrested and interrogated person is entitled to meet an advocate of his choice during interrogation — though not throughout the interrogation.
- s.39: If a person who has committed/been accused of a non-cognizable offence in the officer's presence refuses to give his name and residence (or gives a false one), the officer may arrest him to ascertain identity. Once identity is known he must be released on bond/bail bond; if not ascertained within 24 hours, he is forwarded to the nearest Magistrate.
s.38 gives a right to meet a lawyer during interrogation, not to have the lawyer present throughout. Examiners test that exact distinction.
- s.40 — Private person: any private person may arrest someone who, in his presence, commits a non-bailable and cognizable offence, or any proclaimed offender, and must hand him to police without unnecessary delay, within six hours.
- s.41 — Magistrate: when an offence is committed in a Magistrate's presence within his local jurisdiction, he may himself arrest or order arrest, and commit the offender to custody.
A shopkeeper catches a pickpocket red-handed (non-bailable cognizable). He may detain him but must hand him to the police within six hours (s.40).
- s.43 — Mode of arrest: the officer actually touches/confines the body unless there is submission to custody; reasonable force may be used; handcuffs may be used in specified situations as per the section.
- s.46: a person arrested shall not be subjected to more restraint than is necessary.
- s.49: search of an arrested person who cannot furnish bail; articles (other than necessary clothing) placed in safe custody with a receipt; a female can be searched only by a female, with decency.
- s.51 — Medical examination at police request where there are reasonable grounds it may furnish evidence; s.52 — examination of arrested person by a medical officer in rape/related cases; s.53 — examination of an arrested person by a medical officer to record injuries and approximate time.
Searches and medical examinations are tightly regulated; the female-by-female search rule and the receipt for seized articles are favourite test points.
- s.47: the arresting officer must forthwith communicate full particulars of the offence / grounds of arrest; and where the offence is bailable, inform the person he is entitled to bail and can arrange sureties.
- s.48: the officer must forthwith inform a nominated relative/friend (and the designated district officer) about the arrest and place of detention; tell the arrested person of this right on reaching the station; record who was informed; and the Magistrate must verify compliance.
Three "forthwith" duties: tell grounds (s.47), tell bail right if bailable (s.47), inform a relative/friend (s.48). These mirror Articles 21 & 22 of the Constitution.
s.58: No police officer shall detain an arrested person (without warrant) longer than reasonable, and in any case not more than 24 hours without a special order of a Magistrate under s.187 — excluding the journey time to the Magistrate's court.
X is arrested at 9 a.m. Monday. He must be produced before a Magistrate by 9 a.m. Tuesday (plus travel time). Further detention needs the Magistrate's order under s.187.
The 24 hours excludes the time needed for travel to the Magistrate. The producing court need not be one having jurisdiction to try the case.
Ch VI–VIII — Process to Compel Appearance & Production (Sections 63–124)
Chapter VI provides the tools a court uses to compel a person to appear, in escalating order:
| Process | Meaning & key section | When used |
|---|---|---|
| Summons | Written order to appear; in duplicate, signed & sealed s.63. May be served by electronic communication. | First, gentlest step |
| Service of summons | Personally, on an adult male family member, by affixation, or electronically s.64–71 | To deliver the summons |
| Warrant of arrest | Written order, signed & sealed, to arrest and produce s.72 | If summons ignored / serious case |
| Bailable vs non-bailable warrant | Court may endorse a warrant with a direction to release on bail (bailable warrant) s.73 | To allow bail on arrest |
| Proclamation | Public notice requiring an absconder to appear within 30 days s.84 | If warrant cannot be executed |
| Attachment of property | Court attaches the absconder's property s.85 | To pressure a proclaimed person |
Summons may be served in electronic form, and BNSS expressly allows summons/warrant issuance and service in electronic mode (read with s.530).
Don't confuse a bailable warrant (a warrant of arrest endorsed with a bail direction) with a warrant in a bailable offence. The endorsement under s.73 is the testable concept.
- s.94 — Summons to produce: a court/officer in charge may, by summons/written order, require production of a document, electronic communication (including device), or thing needed for an inquiry, trial, or investigation.
- Search warrants (s.96 onwards): a court may issue a search warrant where a summons to produce will not be obeyed, or the document/thing is unknown to be in any particular person's possession, or a general search is needed.
- s.103 — Search procedure: search of a closed place; occupant to allow ingress; presence of witnesses.
- s.105 — Recording of search & seizure: the search/seizure process, the list of seized things, and the witnesses' signatures must be recorded through audio-video electronic means (preferably mobile phone), and the recording forwarded without delay to the Magistrate.
Mandatory audio-video recording of search and seizure (s.105) is a major BNSS reform aimed at transparency. The recording goes to the District/Sub-divisional/Judicial Magistrate.
Police raid a warehouse to seize stolen electronics. Under s.105 they must video-record the search and seizure on a mobile phone and forward the clip to the Magistrate.
Chapter VIII deals with assistance in investigation across countries (letters of request to/from foreign courts) and the procedure for attachment and forfeiture of property derived from crime, including proceeds of crime. It allows identification, attachment and confiscation of such property with the involvement of the court and central authority.
This chapter strengthens the machinery to trace and forfeit proceeds of crime, including assets located abroad, through reciprocal arrangements.
Ch IX, XI, XII — Security, Public Order & Police Prevention (Sections 125–172)
This is preventive jurisdiction — stopping crime before it happens by demanding a bond.
- s.125: a Sessions Court / first-class Magistrate convicting a person may order him to execute a bond for keeping the peace.
- s.126: security for keeping the peace in other cases (on information that a person is likely to breach the peace).
- Sections also cover security for good behaviour from suspected persons, habitual offenders, and those disseminating certain content.
Two neighbours repeatedly threaten violence. An Executive Magistrate may require each to execute a bond to keep the peace for a fixed period.
- Unlawful assemblies: an Executive Magistrate or police officer may command an unlawful assembly to disperse, and use civil force / armed force if it does not.
- Urgent cases of nuisance or apprehended danger (s.163, the new "Section 144"): a District/Sub-divisional/Executive Magistrate may issue orders in urgent cases directing a person to abstain from a certain act to prevent obstruction, danger, riot or affray.
- Disputes as to immovable property (s.164–167): where a dispute likely to cause breach of peace concerns land/water, the Magistrate may attach the property and decide possession to prevent conflict.
The old "Section 144 CrPC" (urgent nuisance/danger orders) is now Section 163 BNSS. Examiners test the new number directly.
Old 144 CrPC → new 163 BNSS. Preventive, by Executive Magistrate, for urgent cases of nuisance/apprehended danger.
- s.168: every police officer may interpose to prevent the commission of any cognizable offence.
- Arrest to prevent (s.170): police may arrest, without orders from a Magistrate, a person designing to commit a cognizable offence if it cannot otherwise be prevented.
- s.172: persons are bound to conform to the lawful directions of a police officer given to maintain order; the officer may detain/remove a person resisting, using minimum force.
Chapter XII is about prevention, not investigation. Police can act before a cognizable offence occurs to stop it.
Chapter XIII — Information to Police & Investigation (Sections 173–196) ⭐
Alongside Arrest and Bail, this is the highest-yield AIBE chapter. It contains BNSS's flagship reforms: statutory zero FIR, electronic FIR, preliminary enquiry, and forensic visits.
The First Information Report provision (old s.154 CrPC) is now Section 173 BNSS, and it is substantially upgraded:
- Zero FIR (statutory): information of a cognizable offence may be given "irrespective of the area where the offence is committed" — i.e., any police station must register it, then transfer to the proper station.
- Electronic FIR: information may be given by electronic communication; it is taken on record on being signed within three days by the giver.
- Free copy (s.173(2)): a copy of the recorded information must be given forthwith, free of cost, to the informant/victim.
- Woman officer for specified sexual offences: information about specified BNS sexual offences must be recorded by a woman police officer; for a disabled victim, recorded at her residence/place of choice, videographed, with statement later recorded by a Magistrate.
- Preliminary enquiry (s.173(3)): for a cognizable offence punishable 3 years or more but less than 7 years, the SHO may, with prior permission of a DSP-rank officer, conduct a preliminary enquiry within 14 days to check for a prima facie case, or proceed straight to investigation.
- Remedy for refusal (s.173(4)): if the SHO refuses to register, the aggrieved person may approach the Superintendent of Police, and failing that, the Magistrate.
Zero FIR, electronic FIR, the 14-day preliminary enquiry for 3–7 year offences, and mandatory free copy are landmark BNSS changes over CrPC s.154.
A theft occurs in Delhi, but the victim is in Siliguri. Under s.173, the Siliguri police must register a zero FIR regardless of jurisdiction and then forward it to Delhi.
Preliminary enquiry is only for the 3-to-less-than-7-year band and needs DSP permission — it is not a general power to delay FIR. For an offence punishable with 7+ years, registration and investigation follow directly.
- s.174 — Non-cognizable cases: the SHO enters the substance in a book and refers the informant to the Magistrate; police shall not investigate a non-cognizable case without a Magistrate's order. A copy of the entry is given free to the informant.
- s.175 — Power to investigate cognizable cases: the SHO may investigate without a Magistrate's order. A Magistrate may order investigation under s.175(3) (the old s.156(3) power).
- s.176 — Procedure of investigation + forensic visit: for an offence punishable with 7 years or more, the SHO shall cause a forensic expert to visit the crime scene to collect forensic evidence and videograph the process on a mobile/electronic device.
Mandatory forensic visit for 7+ year offences (s.176(3)) is a key reform to strengthen scientific investigation. Where forensic facilities are unavailable, the State may use facilities of another State.
- s.180 — Examination of witnesses by police: police may orally examine witnesses; statements may be recorded (including by audio-video electronic means); such statements are not signed.
- s.183 — Recording of confessions and statements by Magistrate: a Magistrate may record a confession/statement during investigation; confessions need a caution that the person is not bound to confess; a confession may be recorded by audio-video electronic means in the presence of the accused's advocate; no police officer with magisterial powers may record a confession.
A confession under s.183 must be recorded by a Magistrate, with a caution and voluntariness check — a confession to a police officer is not recorded under this section.
This is the BNSS version of CrPC s.167 and contains a much-discussed change:
- If investigation cannot be completed in 24 hours, the accused is forwarded to the Magistrate, who may authorise detention.
- Police custody up to 15 days: the Magistrate may authorise custody for a term not exceeding 15 days in the whole, or in parts, at any time during the initial 40 or 60 days of the total 60/90-day period.
- Maximum total detention / default bail: the accused is released on bail on expiry of 90 days (offences punishable with death, life, or 10+ years) or 60 days (other offences), if he furnishes bail. This is "default" or "statutory" bail.
- No second-class Magistrate (unless specially empowered) may authorise police custody.
BNSS allows the 15-day police custody to be sought in parts spread over the initial 40/60 days — not necessarily a single block at the start. The 60/90-day default-bail limits remain.
Default bail clock: 90 days for death/life/10+ years; 60 days otherwise. Police custody cap: 15 days total (now usable in parts).
- s.190: on completing investigation with sufficient evidence, the SHO forwards the accused to a Magistrate empowered to take cognizance; if the offence is bailable and the accused can give security, the SHO takes security for appearance.
- s.193 — Report on completion (charge sheet): investigation shall be completed without unnecessary delay; for specified sexual offences against children it must be completed in two months. The report is forwarded (including by electronic communication) to the Magistrate. The IO must inform the informant/victim of the progress within 90 days, including electronically.
- Further investigation (s.193(9)): permitted even after the report; further investigation during trial needs the court's permission and must be completed within 90 days (extendable by the court).
The 90-day progress update to the victim and electronic forwarding of the charge sheet are citizen-/victim-friendly additions in s.193.
- Search by police during investigation follows the recording rule in s.105 (audio-video recording, forwarded to the Magistrate).
- Seizure (s.106): police may seize suspected stolen property and must report the seizure to the Magistrate; property hard to transport may be given to a person on a bond.
- Case diary (s.192): the IO maintains a day-to-day record of the investigation; it can be used by the court to aid an inquiry/trial (not as substantive evidence by itself).
The case diary helps the court understand the course of investigation but is not, by itself, evidence of the facts it records.
Ch XIV–XVII — Jurisdiction, Cognizance & Complaints (Sections 197–233)
- s.197 — Ordinary place: every offence is ordinarily inquired into and tried by a court within whose local jurisdiction the offence was committed.
- Offence in several areas / continuing offence: may be tried by a court having jurisdiction over any of those areas.
- Electronic communication / acts in multiple places: where an act constituting an offence is done by letters or electronic communication, it may be inquired into/tried where the communication was sent or received.
A fraudulent message is sent from Kolkata to a victim in Siliguri. The offence may be tried at either place (place of sending or receiving).
Cognizance means a court taking judicial notice of an offence to start proceedings.
- s.210: a first-class Magistrate may take cognizance of an offence (a) on a complaint, (b) on a police report, or (c) on information from a person other than a police officer, or his own knowledge.
- Sanction: for certain offences (e.g., by public servants in discharge of duty, offences against the State), prior sanction of the appropriate Government is required before a court takes cognizance.
- Restrictions: some offences (e.g., relating to marriage, defamation) can be taken cognizance of only on a complaint by an aggrieved person.
Cognizance is taken of the offence, not the offender. A court that takes cognizance is not bound by the persons named — it may proceed against others the evidence reveals.
- s.223 — Examination of complainant: a Magistrate taking cognizance on complaint shall examine the complainant and witnesses on oath. A new proviso requires giving the proposed accused an opportunity of being heard before cognizance in certain situations, and special care where the accused is a public servant.
- Issue of process (s.227): if there is sufficient ground to proceed, the Magistrate issues summons (summons-case) or warrant (warrant-case).
- Dismissal of complaint (s.226): if after examination there is no sufficient ground, the Magistrate dismisses the complaint and records reasons.
- s.230: in a case on a police report, the accused is to be supplied free of cost copies of the police report, FIR, statements, confessions and other documents — to be supplied within 14 days, including in electronic form.
Supply of charge-sheet documents within 14 days (s.230) and the option of electronic copies are speed/transparency reforms.
Sequence: complaint → examine complainant on oath (s.223) → sufficient ground? → issue process (s.227) or dismiss (s.226).
Chapter XVIII — The Charge (Sections 234–247)
A charge is the precise formal accusation that tells the accused exactly what he must defend.
- s.234: every charge shall state the offence with which the accused is charged; the specific name of the offence (or a definition if no specific name); the law and section; and shall be written in the language of the court.
- s.235: the charge shall contain particulars of time, place and person (and property/thing) so the accused has notice of the matter charged.
The purpose of a charge is fair notice — the accused must know precisely what he is alleged to have done.
- Separate charges (general rule): for every distinct offence there shall be a separate charge, tried separately.
- Exceptions (joinder): three offences of the same kind within a year may be tried together; offences committed in one transaction may be charged and tried together; etc.
- Alteration of charge (s.239): the court may alter or add to a charge any time before judgment; the altered charge is read and explained to the accused, who may be allowed to recall witnesses.
- Effect of errors (s.246): an error/omission in the charge is not material unless it misled the accused and caused a failure of justice.
If a charge wrongly cites the section but the accused clearly understood the accusation and was not prejudiced, the conviction is not vitiated (s.246).
A charge can be altered at any time before judgment — not only before the trial begins. The test for errors is prejudice / failure of justice, not mere irregularity.
Ch XIX–XXII — Trials before Courts (Sections 248–288)
| Trial type | Chapter / sections | For which cases |
|---|---|---|
| Sessions trial | Ch XIX s.248–260 | Serious offences triable by Court of Session |
| Warrant case (by Magistrate) | Ch XX s.261–273 | Offences punishable with death, life, or >2 years |
| Summons case (by Magistrate) | Ch XXI s.274–282 | Less serious offences (≤2 years) |
| Summary trial | Ch XXII s.283–288 | Petty offences, speedy procedure |
Conducted by a Public Prosecutor (s.248). The stages:
- Opening the case by the prosecution.
- Discharge (s.250): if no sufficient ground, the judge discharges the accused — this may be sought within a fixed period of supply of documents.
- Framing of charge / plea: if there is ground to presume the accused committed the offence, the judge frames a charge; the accused may plead guilty.
- Prosecution evidence → examination of the accused (s.351) → defence evidence.
- Arguments → judgment of acquittal or conviction; if convicted, hearing on sentence.
BNSS fixes timelines, e.g., charge to be framed within 60 days from first hearing on charge, and judgment to be delivered within 30 days (extendable to 45) of completion of arguments.
- Warrant case (Ch XX): two routes — instituted on a police report or otherwise than on a police report (complaint). Involves framing of a formal charge.
- Summons case (Ch XXI): no formal charge; the substance of accusation is stated to the accused (s.274), who is asked if he pleads guilty. Simpler and quicker.
- Withdrawal/compounding: a complainant in a summons case may, with the court's permission, withdraw; certain offences are compoundable.
In a summons case there is no "charge" — only the substance of the accusation is explained. The formal "charge" exists in warrant cases and sessions trials.
- s.283: a Chief Judicial Magistrate or first-class Magistrate shall try summarily specified petty offences — e.g., theft / receiving stolen property where the value does not exceed ₹20,000, certain BNS offences, criminal intimidation, etc.
- Summary procedure follows summons-case procedure with a brief record; the maximum sentence in a summary trial is generally 3 months.
BNSS makes summary trial mandatory ("shall") for listed petty offences and raises the property-value threshold to ₹20,000, to clear minor cases faster.
Summary trial → petty offences, value ≤ ₹20,000, mandatory for first/CJM magistrates, max sentence ~3 months.
Chapter XXIII — Plea Bargaining (Sections 289–300)
Plea bargaining is a process where the accused and the prosecution/victim reach a mutually satisfactory disposition, usually in exchange for a lighter sentence, avoiding a full trial.
- Where it applies (s.289): available to an accused, except where the offence is punishable with death, life imprisonment, or imprisonment exceeding 7 years, offences affecting the socio-economic condition of the country, or offences against a woman or a child below 14 years.
- Application (s.290): the accused files an application for plea bargaining voluntarily; the court examines him in camera to ensure it is voluntary.
- Mutually satisfactory disposition (s.291–293): the court provides time for the accused, prosecutor and victim to work out a disposition, which may include compensation to the victim.
- Judgment (s.294): delivered in open court; final and no appeal lies (except SLP/writ) (s.295).
- The accused may get a reduced sentence — e.g., one-fourth of the punishment, or release on probation/admonition, where applicable.
A person charged with an offence punishable up to 5 years applies for plea bargaining, compensates the victim, and the court records a reduced sentence — avoiding a long trial.
Plea bargaining is barred for: punishment > 7 years / death / life, socio-economic offences, and offences against a woman or a child below 14. The judgment is final — no ordinary appeal.
Ch XXV, XXVI, XXIX — Evidence, General Provisions & Judgment (Sections 308–406)
- s.308: all evidence is taken in the presence of the accused (or his advocate where attendance is dispensed with). Evidence may be recorded by audio-video electronic means.
- Examination of the accused (s.351): the court may, and after prosecution evidence shall, question the accused on circumstances appearing against him — without oath, to enable him to explain.
- s.336: where a public servant / scientific expert who signed a report is transferred, retired or cannot be found, the successor official may be examined on the report — easing proof of expert reports.
s.336 lets a successor public servant/expert depose on a report when the original signatory is unavailable — a practical reform to avoid stalled trials.
- s.337 — Autrefois acquit/convict (double jeopardy): a person once tried and acquitted/convicted by a competent court shall not be tried again for the same offence (mirrors Article 20(2)).
- s.356 — Trial in absentia of a proclaimed offender (NEW): where a proclaimed offender has absconded to evade trial with no immediate prospect of arrest, the court may, after recording reasons, proceed with the trial and pronounce judgment in his absence. Safeguards: trial cannot commence until 90 days from framing the charge; two consecutive arrest warrants 30 days apart; newspaper publication; informing a relative; and affixing notice.
Trial in absentia (s.356) for absconding proclaimed offenders is a brand-new BNSS feature with strict procedural safeguards. A frequent AIBE talking point.
Trial in absentia is only for proclaimed offenders who have absconded — not for any absent accused. The 90-day cooling period and dual-warrant + publicity steps are mandatory.
- s.392: judgment in original criminal trials shall be pronounced in open court, in the language of the court, and uploaded on the court portal within 7 days of pronouncement (electronic availability).
- Contents: the judgment states the offence, the section, and the punishment, with reasons; in convictions it specifies the sentence.
- Compensation to victims (s.396): the court may order the convict to pay compensation; States must prepare a victim compensation scheme.
- Acquittal/conviction: the judgment either acquits or convicts; in case of conviction the court hears the accused on sentence.
Judgments must be uploaded online within 7 days; victim compensation schemes are strengthened.
Chapter XXXV — Provisions as to Bail & Bonds (Sections 478–496) ⭐
Bail is one of the three most important AIBE areas alongside Arrest and Investigation.
s.478: when a person not accused of a non-bailable offence is arrested and prepared to give bail, he shall be released on bail — bail in bailable offences is a matter of right. The officer/court may release on a bond without sureties if appropriate (e.g., indigent persons).
Bailable offence → bail is a right. Non-bailable offence → bail is at the court's/officer's discretion.
- s.480: a person accused of a non-bailable offence may be released on bail at the discretion of the court, but not if there appear reasonable grounds that he is guilty of an offence punishable with death or life imprisonment.
- Special concessions: a person under 16, a woman, or a sick/infirm person may be released on bail even in such cases at the court's discretion.
- s.481: before conclusion of trial/appeal, the court may, on reasonable grounds the accused is not guilty, release him pending further inquiry.
A woman accused in a non-bailable case punishable with life imprisonment may still be granted bail at the court's discretion under the proviso to s.480.
s.482: when a person has reason to believe he may be arrested on an accusation of a non-bailable offence, he may apply to the High Court or the Court of Session for a direction that, in the event of arrest, he be released on bail (anticipatory bail). The court considers the nature/gravity of the accusation, antecedents, and whether the application is to injure/humiliate.
Anticipatory bail lies only before the High Court or Court of Session — not an ordinary Magistrate — and only for non-bailable offences (you anticipate arrest).
- Default bail (s.187): if the charge sheet is not filed within 60 days (or 90 days for death/life/10+ year offences), the accused is entitled to be released on bail.
- Undertrial release (s.479) — NEW emphasis: an undertrial who has spent one-half of the maximum sentence in detention shall be released on bail; a first-time offender is released on bond after one-third of the maximum. No one shall be detained beyond the maximum punishment. The jail Superintendent must apply to the court for such release.
- Exception: s.479 relief does not apply where the offence is punishable with death/life, and is restricted where multiple cases are pending against the person.
s.479 codifies relief for long-pending undertrials: half-period release (one-third for first-timers) and an active duty on the jail Superintendent to move the court — aimed at reducing prison overcrowding.
Default bail: 60/90 days. Undertrial release: ½ of max (or ⅓ for first-timer), never beyond the maximum sentence; excluded for death/life offences.
- s.483: special powers of the High Court or Court of Session regarding bail (grant, impose conditions, etc.).
- s.484: the amount of the bond is fixed with due regard to the circumstances; it must not be excessive.
- s.485: a bond is executed before release; sureties may be required.
- Cancellation: a court that grants bail may cancel it and direct re-arrest if the accused misuses liberty (e.g., tampers with evidence, threatens witnesses).
Bond amount must be reasonable, not excessive. Cancellation of bail and refusal of bail are different: cancellation requires supervening/cogent grounds.
| Aspect | Bailable offence | Non-bailable offence |
|---|---|---|
| Right to bail | Matter of right (s.478) | Court's discretion (s.480) |
| Who grants | Police officer or court | Generally the court |
| Arrest without warrant | Usually less serious | Usually more serious |
| Anticipatory bail | Not needed | Available before HC / Sessions (s.482) |
| Bar to bail | None ordinarily | Reasonable grounds of guilt for death/life offence |
Chapter X — Maintenance of Wives, Children & Parents (Sections 144–147)
This chapter (the BNSS successor to the old CrPC s.125) provides a quick, summary remedy in criminal court to prevent destitution. It is independent of personal law and is available to a wife, child or parent unable to maintain themselves.
- A Magistrate of the first class may order a person with sufficient means to pay a monthly allowance if that person neglects or refuses to maintain:
- his wife (including a divorced wife who has not remarried) unable to maintain herself;
- his legitimate or illegitimate minor child unable to maintain itself;
- his legitimate or illegitimate adult child (not married daughter) who, by reason of any physical or mental abnormality or injury, is unable to maintain itself; and
- his father or mother unable to maintain themselves.
- The allowance is payable from the date of the order or, if so directed, from the date of the application.
- Interim maintenance and expenses of the proceeding may be ordered, and are to be disposed of as far as possible within sixty days from service of notice.
The remedy is secular and summary; it applies irrespective of the religion of the parties and is meant to prevent vagrancy and destitution.
- A wife is not entitled to maintenance if she is living in adultery, or refuses to live with her husband without sufficient reason, or they live separately by mutual consent.
- If the husband offers to maintain her on the condition of living with him, the Magistrate may consider any just ground she has for refusing.
- s.145 — procedure / evidence: evidence is taken in the presence of the person against whom maintenance is ordered (or his advocate); ex-parte orders are possible on proof of wilful avoidance of service.
- s.146 — alteration: the allowance may be altered on proof of a change in circumstances, or cancelled following relevant decisions of a competent civil court.
- s.147 — enforcement: arrears may be recovered as a fine; warrants may issue, and the defaulter may be sentenced to imprisonment for each month's non-payment.
Maintenance jurisdiction lies with a Magistrate of the first class. The proviso aims at disposal of interim applications within 60 days. The wife's bar (adultery / unjustified refusal to cohabit) is frequently tested.
Who can claim: wife, minor/disabled child, parents. Who orders: JM First Class. What: monthly allowance + interim maintenance, target disposal in 60 days, enforced like a fine.
Chapters XXXI–XXXIII — Appeals, Reference & Revision, Transfer (Sections 413–452)
These chapters govern the post-judgment remedies: who may appeal, where, the limited bar on appeals, the powers of reference and revision, and transfer of cases between courts.
- s.413 — no appeal as of course: there is no appeal from any judgment or order of a criminal court except as provided by the BNSS or any other law in force. Appeal is a creature of statute.
- s.415 — appeals from convictions: a person convicted by a High Court in its extraordinary original jurisdiction may appeal to the Supreme Court; convictions by a Sessions/Additional Sessions Judge are appealable to the High Court; certain convictions by Magistrates lie to the Court of Session.
- s.416 — no appeal in petty / plea cases: generally no appeal lies where the accused pleads guilty and is convicted on that plea (except as to the extent or legality of sentence), and in certain petty-sentence cases.
- s.418 — State / appeal against acquittal: the State (or in specified cases the complainant, with leave) may appeal against an order of acquittal.
- s.419 — appeal to Court of Session: how such appeals are heard.
Appeal is statutory (s.413). Pleading guilty largely bars an appeal on the conviction, leaving only a challenge to the sentence's legality/extent (s.416).
- The appellate court may dismiss the appeal summarily, or after hearing may reverse, alter or confirm the finding and sentence, or order re-trial / take additional evidence.
- Pending appeal, the court may suspend the sentence and release the appellant on bail.
- An appellate court generally cannot enhance the sentence unless the appellant has had an opportunity to show cause and the enhancement is otherwise permissible.
- Appeals abate on the death of the accused (with a limited exception allowing a near relative to continue an appeal against conviction).
A is convicted by a Sessions Court and sentenced to 5 years. A appeals to the High Court, which may confirm, reduce, set aside, or order re-trial — and may release A on bail with the sentence suspended while the appeal is pending.
- Reference (s.436): where a court is satisfied that a case involves a question of validity of any Act/Ordinance/Regulation, it may state a case and refer it to the High Court for decision.
- Revision (s.438 onward): the High Court or Court of Session may call for the record of any proceeding of a subordinate court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order, and the regularity of proceedings.
- Revisional power is discretionary and supervisory; it is not a second appeal and is not ordinarily exercised to re-appreciate evidence.
- No revision lies at the instance of a party who could have appealed but did not.
Appeal vs Revision: appeal is a statutory right on facts and law; revision is a discretionary supervisory remedy, mainly on legality/propriety, and does not normally re-examine evidence.
- s.446 — Supreme Court: may transfer a case or appeal from one High Court to another, or from a court subordinate to one High Court to a court subordinate to another, when expedient for the ends of justice.
- The High Court may transfer cases between courts subordinate to it (e.g., for a fair trial, convenience of parties/witnesses, or to avoid bias).
- The Sessions Judge may transfer cases between Magistrates within the sessions division.
- An application for transfer is supported by affidavit; frivolous applications may attract compensation costs.
Transfer ladder: Supreme Court (across High Courts) → High Court (within its subordinate courts) → Sessions Judge (within the division). Ground: ends of justice / fair trial.
Chapters XXXIV–XXXIX — Execution, Disposal of Property & Miscellaneous (Sections 453–531)
The closing chapters deal with executing sentences, suspension/remission/commutation, the new mercy-petition timeline, disposal of property, irregular proceedings, limitation for cognizance, and the repeal of the CrPC.
- s.453 — death sentence confirmation: a death sentence passed by a Sessions Court is executed only after confirmation by the High Court (read with Ch XXX, s.407–412).
- Warrant for execution: the court issues a warrant for execution of a death sentence / imprisonment to the appropriate authority (jail Superintendent).
- Suspension, remission & commutation: the appropriate Government may suspend or remit a sentence (with or without conditions) and may commute one form of punishment to a lighter one, subject to statutory conditions and, for certain offences, consultation/concurrence requirements.
- Where a conditional remission is breached, the person may be re-arrested to serve the unexpired portion.
A death sentence is not executed until confirmed by the High Court. Remission/commutation are executive powers of the appropriate Government, exercised within statutory limits.
- s.472 introduces a structured mercy-petition procedure for convicts under sentence of death.
- After the disposal of appeals/special leave, the jail authority informs the convict (and through them eligible persons) of the right to file a mercy petition.
- A mercy petition may be filed by the convict, or their legal heir or relative, to the Governor and/or the President within the prescribed time.
- The provision lays down timelines for filing and disposal, and bars any appeal to a court against the order on the mercy petition.
s.472 codifies for the first time a clear procedure and timeline for mercy petitions in death-sentence cases, reducing uncertainty over delay.
- s.497 — custody & disposal during inquiry/trial: the court may make orders for the proper custody of property produced before it, and for its disposal (e.g., if subject to speedy decay, it may be sold).
- On conclusion: the court orders disposal (destruction, confiscation, or delivery to the person entitled to possession) of property produced or in its custody.
- Provision is made for return of seized property and for sale of property whose owner is unknown or untraceable.
- Procedure for the photographing / video-graphing and timely release of seized property complements the new Ch VII search-and-seizure recording rules.
Perishable goods seized as case property may be sold under court order, the sale proceeds being held in lieu of the goods pending the outcome of the trial.
- Irregularities (Ch XXXVII): the Sanhita distinguishes irregularities that do not vitiate proceedings from those that do. Mere irregularity (e.g., a procedural lapse) does not set aside a finding unless it has occasioned a failure of justice.
- Limitation for cognizance (Ch XXXVIII, s.513–519): for less serious offences, courts cannot take cognizance after the limitation period — broadly 6 months (fine only), 1 year (imprisonment up to 1 year) and 3 years (imprisonment 1–3 years).
- The period of limitation is computed from the date of the offence (or knowledge of it); delay may be condoned in the interest of justice on explanation.
Limitation tiers (6 months / 1 year / 3 years) apply only up to 3-year offences; no limitation bars cognizance of more serious offences. An irregularity vitiates only if it causes a failure of justice.
- s.530 — trial & proceedings in electronic mode 🆕: all trials, inquiries and proceedings — including issue/service of summons and warrants, examination of complainant and witnesses, recording of evidence, and appeals — may be held in electronic mode.
- Power to make rules / functions of officers, forms, and savings provisions are dealt with in this chapter.
- s.531 — repeal & savings: the Code of Criminal Procedure, 1973 is repealed; pending appeals, applications, trials and investigations continue under the old Code as if it had not been repealed (transitional saving).
s.530 is the technology backbone — electronic mode for almost every step. s.531 repeals the CrPC 1973 but saves pending matters, which continue under the old Code.
BNSS & Technology — The Digital Backbone of the New Procedure
A defining theme of the BNSS is the integration of technology at every stage — from registering an FIR to recording evidence and delivering judgments. The following consolidates the digital provisions scattered across the Sanhita; it is a high-yield AIBE theme.
- Information about a cognizable offence may be given electronically; such information is taken on record on being signed within three days by the informant.
- Zero FIR is now statutory — an FIR can be registered irrespective of the area where the offence is committed, and later transferred to the police station having jurisdiction.
- The informant is entitled to a free copy of the FIR forthwith.
Electronic FIR (signed within 3 days) + statutory Zero FIR (irrespective of area) together make first-contact reporting faster and location-independent.
- s.105: the conduct of a search and the preparation of the seizure list must be recorded through audio-video electronic means (preferably a mobile phone), and the recording is forwarded to the District Magistrate / Sub-Divisional Magistrate / Judicial Magistrate.
- s.176(3): for offences punishable with seven years or more, a forensic expert must visit the crime scene to collect forensic evidence, and the process is videographed.
- These provisions aim to improve the evidentiary integrity of searches, seizures and crime-scene investigation.
Mandatory videography of search/seizure (s.105) and compulsory forensic visit for 7+ year offences (s.176) are among the most significant scientific-investigation reforms.
- s.180: a witness's statement to the police may be recorded by audio-video electronic means.
- s.183: a confession or statement before a Magistrate may be recorded by audio-video electronic means, with the statutory caution and voluntariness safeguards, in the presence of the advocate of the accused.
- s.308 (Ch XXV): evidence may be taken in the presence of the accused, and where the personal attendance is dispensed with, in the presence of his advocate — including through electronic means.
- s.336 🆕: a successor official / expert may depose on a report when the original signatory has retired, died, or is otherwise unavailable.
A forensic scientist who signed a report later retires; under s.336 the successor in office may be examined on that report, avoiding collapse of the prosecution merely due to unavailability of the original signatory.
- s.63: summons may be served in electronic form (e.g., to the email/portal of the person), with the encrypted/authenticated copy treated as duly served.
- s.530: all trials, inquiries and proceedings — issue/service of summons and warrants, examination of complainant and witnesses, recording of evidence, and appeals — may be conducted in electronic mode.
- s.392: judgments are pronounced in open court and, as a transparency measure, uploaded on the court portal (within the prescribed period, generally seven days).
- Digitisation of records, e-service, and video-conferencing are thus woven through the entire procedural lifecycle.
Technology spine: e-FIR (s.173) → videographed search/forensics (s.105, 176) → audio-video statements/confessions (s.180, 183) → electronic trial & e-summons (s.63, 530) → judgments uploaded online (s.392).
| Stage | Section | Digital feature |
|---|---|---|
| Reporting | s.173 | Electronic FIR (signed in 3 days) & statutory Zero FIR |
| Search & seizure | s.105 | Mandatory audio-video recording, forwarded to Magistrate |
| Crime scene | s.176(3) | Forensic visit + videography for 7+ year offences |
| Witness statement | s.180 | Audio-video recording permitted |
| Confession / statement | s.183 | Audio-video before Magistrate, advocate present |
| Service of process | s.63 | Summons in electronic form |
| Trial & appeal | s.530 | Proceedings may be held in electronic mode |
| Judgment | s.392 | Uploaded on portal (≈7 days) |
Visual Learning — Flowchart, Mind Map & Study Roadmap
Three visual aids to lock in the structure of the BNSS: the criminal-process flowchart (the journey of a case), a topic mind map (how the high-yield chapters connect), and a study roadmap (a suggested order of preparation for AIBE 2026).
1 · The Criminal Process Flowchart
Note: arrest may occur during investigation; the flow above shows the typical sequence of stages, not a rigid order.
2 · Topic Mind Map
3 · Suggested Study Roadmap for AIBE 2026
Frame & foundations
Start with the big picture: what BNSS replaced (CrPC 1973, s.531), when it came into force (1 July 2024), and the definitions in s.2 (bail, bailable, cognizable, complaint, summons/warrant-case). Definitions are easy marks.
Arrest & the early process
Master Chapter V (s.35–62) — arrest without warrant, the memo of arrest, the 24-hour rule (s.58), and the new control-room/display duties (s.37). High-frequency in exams.
FIR & investigation
Then Chapter XIII (s.173–196) — Zero FIR & e-FIR (s.173), s.175(3) order to investigate, custody & default bail (s.187), and the charge sheet (s.193). Pair with the new forensic rule (s.176).
Trial, charge & plea bargaining
Cover cognizance (s.210), the charge (s.234–246), the four trial types (Ch XIX–XXII) and plea bargaining (s.289–300, with its exclusions). Learn which court tries what.
Bail, judgment & remedies
Finish with Chapter XXXV bail (s.478–496), the new undertrial release (s.479), judgment (s.392), and appeals/revision (s.413–445). These tie the whole process together.
Revise the "NEW" features & drill MCQs
Consolidate the reform highlights (community service, s.105 recording, s.356 trial in absentia, s.472 mercy timeline, s.530 e-mode) and then attempt the MCQ bank below under timed conditions.
Question Bank — MCQs, Short & Descriptive
Seventy-five MCQs in three formats (section-wise, argument/application-wise, statement-wise), plus short-answer and descriptive questions. These are original practice questions written for this module — not reproductions of any past paper. Attempt them first, then reveal the answer key at the end.
A · Section-wise MCQs (Q1–Q25)
Q1. The BNSS, 2023 came into force on: Easy
- 25 December 2023
- 26 January 2024
- 1 July 2024
- 1 April 2024
Q2. Which section of the BNSS repeals the Code of Criminal Procedure, 1973? Easy
- Section 1
- Section 530
- Section 531
- Section 484
Q3. The total number of sections in the BNSS, 2023 is: Easy
- 484
- 511
- 531
- 358
Q4. Arrest by a police officer without a warrant is primarily dealt with under: Easy
- Section 35
- Section 41
- Section 63
- Section 173
Q5. The rule that an arrested person must be produced before a Magistrate within 24 hours is found in: Moderate
- Section 47
- Section 57
- Section 58
- Section 62
Q6. The statutory recognition of "Zero FIR" and electronic FIR is in: Easy
- Section 154
- Section 173
- Section 175
- Section 176
Q7. The mandatory visit of a forensic expert for offences punishable with 7 years or more is required by: Moderate
- Section 176(3)
- Section 180
- Section 105
- Section 193
Q8. Audio-video recording of a search and the seizure list is required under: Moderate
- Section 103
- Section 105
- Section 165
- Section 100
Q9. Detention in custody and default bail (corresponding to old s.167 CrPC) is now governed by: Moderate
- Section 167
- Section 187
- Section 190
- Section 193
Q10. The police report (charge sheet) on completion of investigation is filed under: Moderate
- Section 173
- Section 190
- Section 193
- Section 210
Q11. Plea bargaining is contained in Chapter XXIII under sections: Moderate
- 265A–265L
- 289–300
- 320–321
- 227–235
Q12. Maintenance of wife, children and parents is now provided under: Easy
- Section 125
- Section 144
- Section 145
- Section 488
Q13. Anticipatory bail may be granted by: Moderate
- Any Magistrate
- Only the High Court
- The High Court or the Court of Session
- The Superintendent of Police
Q14. Bail in a bailable offence (as a matter of right) is dealt with under: Moderate
- Section 478
- Section 480
- Section 482
- Section 483
Q15. Trial in absentia of a proclaimed offender is newly provided under: Hard
- Section 299
- Section 339
- Section 355
- Section 356
Q16. The provision empowering trials and proceedings to be held in electronic mode is: Easy
- Section 105
- Section 173
- Section 530
- Section 392
Q17. The mercy-petition procedure and timeline for death-sentence convicts is in: Hard
- Section 453
- Section 472
- Section 413
- Section 392
Q18. A Magistrate's order directing the police to investigate a cognizable case (old s.156(3)) is now under: Moderate
- Section 173
- Section 174
- Section 175
- Section 176
Q19. Community service as a form of punishment is introduced through the Explanation to: Moderate
- Section 21
- Section 23
- Section 4
- Section 53
Q20. Service of summons in electronic form is permitted under: Moderate
- Section 61
- Section 63
- Section 71
- Section 72
Q21. Release of an undertrial who has undergone one-half of the maximum sentence is under: Hard
- Section 436A
- Section 478
- Section 479
- Section 483
Q22. Recording of a confession or statement by a Magistrate is dealt with under: Moderate
- Section 164
- Section 180
- Section 183
- Section 187
Q23. Cognizance of an offence by a Magistrate is taken under: Moderate
- Section 190
- Section 200
- Section 210
- Section 223
Q24. The form of charges (framing of charge) is provided beginning at: Moderate
- Section 211
- Section 227
- Section 234
- Section 246
Q25. Pronouncement of judgment in open court and its uploading on the portal is referable to: Moderate
- Section 353
- Section 392
- Section 465
- Section 235
B · Argument / Application-wise MCQs (Q26–Q50)
Q26. A is arrested for an offence punishable with up to five years. Under s.35, the officer must: Moderate
- Do nothing extra
- Record reasons in writing showing the necessity of arrest
- Obtain the sanction of the SP
- File an FIR copy with the court
Q27. P, aged 65, is to be arrested for an offence punishable with under three years. What does s.35 require? Hard
- No arrest is ever possible
- Prior permission of an officer not below the rank of DSP
- A Magistrate's warrant
- Sanction of the SP
Q28. Where a woman is to be searched, the search must be carried out: Easy
- By any officer
- By another woman with strict regard to decency
- By a Magistrate
- By a doctor only
Q29. An arrested person is held 3 hours' journey from the court. The 24-hour production period: Moderate
- Includes the journey time
- Excludes the time necessary for the journey
- Is extended to 48 hours
- Does not apply
Q30. A cognizable offence is reported at a station where the offence did NOT occur. The officer should: Moderate
- Refuse to register it
- Register a Zero FIR irrespective of the area
- Seek SP permission first
- Record only a non-cognizable report
Q31. For an offence punishable between 3 and 7 years, before registering the FIR the officer may (with DSP permission) conduct: Hard
- A full trial
- A preliminary enquiry within 14 days
- An immediate arrest
- Plea bargaining
Q32. The maximum police custody under s.187 during the initial period may be: Moderate
- 24 hours
- 7 days
- 15 days (which may be sought in whole or in parts)
- 60 days
Q33. The charge sheet is not filed within 60 days for a non-serious offence. The accused is entitled to: Moderate
- Acquittal
- Default (statutory) bail
- Discharge
- Nothing
Q34. A first-time offender undertrial has served one-third of the maximum sentence. Under s.479 he may be: Hard
- Released on bond
- Acquitted
- Detained until trial ends
- Deported
Q35. Plea bargaining is sought in a case punishable with death. It is: Moderate
- Allowed
- Not available
- Allowed with the victim's consent
- Allowed if it is a first offence
Q36. An accused pleads guilty and is convicted on that plea. He wishes to appeal the conviction. Generally he: Moderate
- Can appeal fully
- Cannot appeal (except as to the legality or extent of the sentence)
- Can appeal only to the Supreme Court
- Gets an automatic review
Q37. A perishable item is seized as case property. The court may: Easy
- Always destroy it
- Order its sale and hold the proceeds
- Return it to the accused at once
- Ignore it
Q38. A search is conducted but not recorded by audio-video means. This primarily affects: Moderate
- Nothing at all
- Compliance with s.105 and the evidentiary integrity of the seizure
- Only the costs
- The court's jurisdiction
Q39. A Sessions Court awards a death sentence. It can be executed: Moderate
- Immediately
- After 30 days automatically
- Only after confirmation by the High Court
- After Supreme Court leave
Q40. A wife is living in adultery. Her maintenance claim under s.144 is: Moderate
- Allowed fully
- Barred
- Reduced by half
- Subject to SP approval
Q41. An accused is absconding and has been proclaimed. After recording reasons, the court may conduct: Hard
- Plea bargaining
- Trial in absentia (s.356)
- Only a summary trial
- No trial at all
Q42. A witness's statement to the police under s.180 may be recorded by: Moderate
- Writing only
- Audio-video electronic means
- Only before a Magistrate
- Only in court
Q43. A Judicial Magistrate of the first class can pass imprisonment up to: Moderate
- 1 year
- 3 years
- 7 years
- Life
Q44. A Chief Judicial Magistrate can pass imprisonment up to: Moderate
- 3 years
- 7 years
- Life
- Death
Q45. An offence is committed partly in area X and partly in area Y (a continuing offence). It may be tried: Moderate
- Only in X
- Only in Y
- In either X or Y
- Only by the High Court
Q46. A person needs anticipatory bail for a non-bailable offence. He should approach: Moderate
- The Station House Officer
- A Judicial Magistrate first class
- The High Court or the Court of Session
- The Executive Magistrate
Q47. A petty theft of property worth ₹15,000 is to be tried. The appropriate mode is: Hard
- Sessions trial
- Warrant trial
- Summary trial
- Plea bargaining only
Q48. The bond amount fixed for bail is very high and oppressive. Under s.484 it must be: Easy
- As high as possible
- Reasonable and not excessive
- Fixed by the SP
- Waived entirely
Q49. A successor forensic officer is asked to depose because the original signatory has retired. Under s.336 this is: Hard
- Not allowed
- Permitted
- Allowed only in the High Court
- Allowed only with Supreme Court leave
Q50. On an arrest, the duty to inform a relative or friend of the arrest and place of detention is under: Moderate
- Section 41
- Section 46
- Section 48
- Section 50
C · Statement / Assertion-wise MCQs (Q51–Q75)
Q51. Statement: Under BNSS an FIR can be registered irrespective of the area where the offence is committed. This is: Easy
- Correct (Zero FIR)
- Incorrect
- Correct only for women
- Correct only in metro cities
Q52. Statement: "Metropolitan Magistrate" is a class of criminal court under BNSS. This is: Hard
- Correct
- Incorrect — BNSS does not retain Metropolitan Magistrates
- Correct only in Delhi
- Correct only for cities over 10 lakh
Q53. Statement: Plea bargaining is available for an offence against a woman or a child below 14 years. This is: Moderate
- Correct
- Incorrect — such offences are excluded
- Correct with consent
- Correct only after charge
Q54. Two statements: (i) Community service is a punishment under BNSS. (ii) It carries no remuneration. Which is true? Moderate
- Only (i)
- Only (ii)
- Both (i) and (ii)
- Neither
Q55. Statement: Anticipatory bail can be granted by any Judicial Magistrate. This is: Moderate
- Correct
- Incorrect — only the High Court or Court of Session
- Correct for bailable offences
- Correct in summons cases
Q56. Statement: The accused has a right to meet an advocate throughout interrogation. The precise position under s.38 is the accused may meet an advocate: Hard
- Throughout interrogation
- During interrogation (though not throughout)
- Never during interrogation
- Only after the charge is framed
Q57. Assertion (A): Default bail arises if the charge sheet is not filed in time. Reason (R): s.187 fixes 60/90-day limits. Which is correct? Moderate
- Both A and R are correct and R explains A
- A is wrong
- R is wrong
- Both are wrong
Q58. Statement: For an offence punishable with 7 years or more, a forensic expert must visit the scene. This is: Moderate
- Incorrect
- Correct (s.176(3))
- Correct only for murder
- Optional for the police
Q59. Statement: Summons can be served by electronic communication under BNSS. This is: Easy
- Correct (s.63)
- Incorrect
- Correct only to lawyers
- Correct only for warrants
Q60. Statement: A Magistrate of the second class may authorise police custody. This is: Hard
- Correct
- Incorrect
- Correct with the SP's approval
- Correct for petty cases
Q61. Two statements: (i) In a bailable offence, bail is a matter of right. (ii) In a non-bailable offence, bail is discretionary. Which is true? Easy
- Only (i)
- Only (ii)
- Both (i) and (ii)
- Neither
Q62. Statement: Under s.479 no undertrial shall be detained beyond the maximum punishment prescribed for the offence. This is: Moderate
- Incorrect
- Correct
- Correct only for first-timers
- Correct only for women
Q63. Statement: A judgment must be pronounced in open court and uploaded on the portal. This is: Easy
- Incorrect
- Correct (s.392)
- Correct only in the High Court
- Optional
Q64. Statement: An order under s.163 (urgent cases of nuisance or apprehended danger) corresponds to old CrPC s.144. This is: Hard
- Correct
- Incorrect
- It corresponds to s.133
- It corresponds to s.107
Q65. Statement: A "complaint" as defined includes a police report. This is: Moderate
- Correct
- Incorrect — it expressly excludes a police report
- Correct only if cognizable
- Correct only if in writing
Q66. Statement: The initial maximum police custody is 15 days, which may be sought in parts during the first 40/60 days. This is: Hard
- Incorrect
- Correct
- It is only 7 days
- It is 90 days
Q67. Statement: Trial in absentia of a proclaimed offender requires no safeguards. The correct position is: Moderate
- Correct
- Incorrect — safeguards apply (warrants, publication, recorded reasons, etc.)
- Only a newspaper notice is needed
- Only a relative's consent is needed
Q68. Statement: The victim is entitled to be informed of the progress of investigation within 90 days. This is: Moderate
- Incorrect
- Correct (s.193)
- It is within 30 days
- It is within 7 days
Q69. Statement: A bailable warrant may be issued with an endorsement to release the person on executing a bond. This is: Moderate
- Incorrect
- Correct (s.73 endorsement)
- Correct only for women
- Correct only in the High Court
Q70. Statement: The limitation for taking cognizance of an offence punishable with imprisonment up to one year is generally one year. This is: Hard
- Correct
- Incorrect — it is 6 months
- It is 3 years
- There is no limitation
Q71. Two statements: (i) s.531 repeals the CrPC. (ii) Pending matters continue under the old Code. Which is true? Moderate
- Only (i)
- Only (ii)
- Both (i) and (ii)
- Neither
Q72. Statement: In a summons case a formal written charge must be framed. This is: Hard
- Correct
- Incorrect — only the substance of the accusation is stated
- It is skipped only in warrant cases
- A charge is always framed
Q73. Statement: Maintenance can be claimed by parents unable to maintain themselves. This is: Easy
- Incorrect
- Correct (s.144)
- Only the mother can claim
- Only the father can claim
Q74. Statement: An appeal lies as a matter of course from every order of a criminal court. The correct position under s.413 is: Moderate
- Correct
- Incorrect — an appeal lies only as provided by law
- Appeal lies only to the Supreme Court
- Appeal lies only to the High Court
Q75. Statement: Evidence may be recorded by audio-video electronic means in the presence of the accused or the advocate. This is: Moderate
- Incorrect
- Correct (electronic mode, s.308 / s.530)
- Correct only in the High Court
- Correct only for expert witnesses
D · Short-answer Questions (SA1–SA20)
- State the date of commencement of the BNSS and the law it repeals.
- Define "cognizable offence" and "non-cognizable offence" under s.2.
- Distinguish a "bail bond" from a "bond" under s.2.
- What is a "Zero FIR"? Which section recognises it?
- List the classes of criminal courts under s.6.
- What is the sentencing power of a Judicial Magistrate of the first class (s.23)?
- Explain the "24-hour rule" of arrest and what time is excluded from it.
- What special protection does s.35 give to persons who are infirm or above 60 years?
- State two duties created by s.37 (designated officer / control room).
- When must a search and seizure be recorded by audio-video means (s.105)?
- What is the rule under s.176(3) for offences punishable with 7 years or more?
- Explain default (statutory) bail and the 60/90-day limits under s.187.
- What is the new undertrial-release rule under s.479?
- Name three categories of cases where plea bargaining is NOT available (s.289).
- Who can grant anticipatory bail and for what kind of offence?
- What is community service as a punishment, and is it remunerated?
- State the safeguards for a trial in absentia of a proclaimed offender (s.356).
- Who may file a mercy petition under s.472, and to whom?
- What does s.530 provide regarding electronic mode?
- Distinguish "appeal" from "revision" in one or two lines.
E · Descriptive / Essay Questions (D1–D10)
- Trace the journey of a criminal case under the BNSS from the registration of an FIR to the pronouncement of judgment, citing the key sections at each stage.
- "The BNSS marks a decisive shift towards a technology-driven criminal process." Discuss with reference to ss.63, 105, 173, 176, 180, 183, 392 and 530.
- Examine the law of arrest under Chapter V, focusing on the safeguards available to an arrested person.
- Critically discuss the provisions relating to police custody and default bail under s.187, comparing the position with the old s.167 CrPC.
- Explain plea bargaining under Chapter XXIII, including its scope, procedure and exclusions.
- Discuss the law of bail under the BNSS, distinguishing bailable from non-bailable offences and explaining anticipatory bail and the undertrial-release reform (s.479).
- Analyse the new provision for trial in absentia of a proclaimed offender (s.356) and the safeguards it incorporates.
- Describe the powers of the various criminal courts to pass sentences (Chapter III) and the introduction of community service.
- Write a note on the maintenance of wives, children and parents under Chapter X (ss.144–147).
- Explain the scheme of appeals, reference and revision under the BNSS (Chapters XXXI–XXXII), and distinguish an appeal from a revision.
Answer Key & Explanations
Try the questions before revealing the answers. Each answer cites the governing provision.
A · Section-wise (Q1–Q25)
B · Argument / Application-wise (Q26–Q50)
C · Statement / Assertion-wise (Q51–Q75)
D · Short-answer — model pointers (SA1–SA20)
These are open-ended. Build your answers around the section references highlighted throughout this module — state the provision, explain it in your own words, add a short illustration, and (where relevant) note how the BNSS position differs from the old CrPC.
Quick Revision Zone
Last-minute, high-yield recall. Skim the cards, then the section-wise table and the "most-tested" lists.
Foundations
In force 1 July 2024 · 531 sections · 39 chapters · s.531 repeals CrPC 1973 · definitions in s.2.
Arrest
s.35 (no warrant) · memo & ID (s.36) · control room/display (s.37) · 24-hr rule (s.58) · DSP nod for 60+/infirm (s.35(7)).
FIR & Investigation
Zero/e-FIR (s.173) · order to investigate (s.175) · forensic visit 7+ yrs (s.176) · custody & default bail (s.187) · charge sheet (s.193).
Trial & Charge
Cognizance (s.210) · charge (s.234–235) · four trial types (Ch XIX–XXII) · plea bargaining (s.289–300) · summary ≤₹20,000 (s.283).
Bail & Beyond
Bailable right (s.478) · non-bailable discretion (s.480) · anticipatory (s.482) · undertrial release (s.479) · judgment online (s.392).
The "NEW" list
Community service (s.23) · s.105 recording · s.356 trial in absentia · s.472 mercy timeline · s.530 electronic mode.
| Section | Subject | One-line memory hook |
|---|---|---|
| s.2 | Definitions | Bail, bailable, cognizable, complaint, summons/warrant-case |
| s.6 | Classes of courts | Sessions · JM-1 · JM-2 · Executive (no Metropolitan) |
| s.23 | Sentencing | CJM 7 yrs · JM-1 3 yrs · JM-2 1 yr · community service NEW |
| s.35 | Arrest w/o warrant | Record necessity · DSP nod for 60+/infirm |
| s.58 | 24-hour rule | Produce in 24 hrs; journey time excluded |
| s.105 | Search recording | Audio-video of search/seizure → Magistrate |
| s.173 | FIR | Zero FIR + e-FIR (signed in 3 days) |
| s.176(3) | Forensics | Expert visit + videography for 7+ yrs |
| s.187 | Custody | 15-day PC in parts · default bail 60/90 |
| s.193 | Charge sheet | Report on completion · 90-day victim update |
| s.210 | Cognizance | Of the offence, not the offender |
| s.234 | Charge | Offence + section + language |
| s.283 | Summary trial | Petty theft/stolen property ≤ ₹20,000 |
| s.289 | Plea bargaining | Not for death/life/>7 yrs, women/child <14 |
| s.356 | Trial in absentia | Proclaimed offender · recorded reasons NEW |
| s.392 | Judgment | Open court · uploaded online (≈7 days) |
| s.472 | Mercy petition | Convict/heir/relative · fixed timeline NEW |
| s.478–479 | Bail | Bailable = right · undertrial ½ (⅓ first-timer) release |
| s.482 | Anticipatory bail | Only HC or Court of Session |
| s.530 | Electronic mode | Whole process can go digital |
| s.531 | Repeal | CrPC 1973 repealed; pending matters saved |
🔥 Most-tested sections
s.35 Arrest s.58 24-hr rule s.173 FIR s.187 Custody/default bail s.193 Charge sheet s.210 Cognizance s.289 Plea bargaining s.478–479 Bail s.482 Anticipatory bail s.530 Electronic mode s.531 Repeal
⚖️ Key distinctions to memorise
- Bailable vs non-bailable: right (s.478) vs discretion (s.480).
- Bail bond vs bond: with sureties vs without sureties (s.2).
- Complaint vs police report: a complaint excludes a police report (s.2).
- Summons-case vs warrant-case: warrant-case = death/life/over-2-years (s.2).
- Appeal vs revision: statutory right on fact/law vs discretionary supervisory check.
- Cancellation vs refusal of bail: cancellation needs fresh, cogent grounds.
⚠️ Common traps
- BNSS has no Metropolitan Magistrate class.
- Anticipatory bail — only HC or Court of Session, never a JM.
- The 24-hour period excludes journey time.
- Right to advocate is during interrogation, not throughout (s.38).
- Plea bargaining is barred for offences against a woman or child below 14.
- A second-class Magistrate cannot authorise police custody.
