Bharatiya Nagarik Suraksha Sanhita, 2023 Overview
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Questions and Answers

What is the official name of the act passed by the Lok Sabha on December 20, 2023?

The Bharatiya Nagarik Suraksha Sanhita, 2023

Which of these areas are NOT covered by the provisions of this Sanhita? (Select all that apply)

  • Tribal areas of Assam (correct)
  • The whole of India
  • The City of Delhi
  • The state of Nagaland (correct)
  • What does the term "audio-video electronic means" include in the context of this Sanhita?

    The use of communication devices for video conferencing, recording of processes of identification, search, and seizure, evidence, or electronic communication.

    What determines if an offence is considered "bailable"?

    <p>The First Schedule and other relevant laws (C)</p> Signup and view all the answers

    What is the difference between "bail" and "bond"?

    <p>Bail is the release of an accused from custody with conditions imposed by an officer or court, usually requiring a bond or bail bond. A bond is a personal undertaking or statement of surety for release. Bail bonds include sureties, while bonds do not.</p> Signup and view all the answers

    What is a "cognizable offence"?

    <p>An offence for which a police officer can arrest someone without a warrant.</p> Signup and view all the answers

    What is the difference between a "complaint" and a "police report"?

    <p>A complaint is any allegation made to a magistrate about a possible crime, while a police report is specific to a police officer's report submitted after investigation.</p> Signup and view all the answers

    What are the different classes of Criminal Courts established in every state?

    <p>Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates.</p> Signup and view all the answers

    The State Government can alter the number of sessions divisions and districts after consulting with the High Court.

    <p>True (A)</p> Signup and view all the answers

    Who presides over the Court of Session?

    <p>A Sessions Judge</p> Signup and view all the answers

    The High Court can appoint Additional Sessions Judges to preside over Courts of Session.

    <p>True (A)</p> Signup and view all the answers

    The Sessions Judge of one division can be appointed as an Additional Sessions Judge in a different division.

    <p>True (A)</p> Signup and view all the answers

    In the absence of the Sessions Judge, who can handle urgent applications?

    <p>An Additional Sessions Judge or, if none are available, the Chief Judicial Magistrate</p> Signup and view all the answers

    The Court of Session can hold its sittings at any place within the sessions division, with the consent of the prosecution and accused.

    <p>True (A)</p> Signup and view all the answers

    What is the role of the Chief Judicial Magistrate in a district?

    <p>The Chief Judicial Magistrate oversees all the Judicial Magistrates in the district and is subordinate to the Sessions Judge.</p> Signup and view all the answers

    The High Court can designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate.

    <p>True (A)</p> Signup and view all the answers

    What are Special Judicial Magistrates, and how are they appointed?

    <p>Special Judicial Magistrates are appointed by the High Court for specific cases or classes of cases, often with specialized knowledge or experience in legal affairs.</p> Signup and view all the answers

    What is the general jurisdiction of a Judicial Magistrate (other than a Special Judicial Magistrate) in a district?

    <p>Their jurisdiction extends throughout the district unless otherwise specified by the Chief Judicial Magistrate.</p> Signup and view all the answers

    Who has the power to define the local jurisdiction of Executive Magistrates within a district?

    <p>The District Magistrate</p> Signup and view all the answers

    Executive Magistrates are subordinate to the District Magistrate, and those in sub-divisions are also subordinate to the Sub-divisional Magistrate.

    <p>True (A)</p> Signup and view all the answers

    What are the two primary categories of offences that this Sanhita covers?

    <p>Offences under the Bharatiya Nyaya Sanhita, 2023, and offences under any other law.</p> Signup and view all the answers

    What is the role of a Public Prosecutor?

    <p>A Public Prosecutor is a legal professional appointed to represent the Central or State Government in court proceedings related to criminal charges.</p> Signup and view all the answers

    Flashcards

    What is an 'offence' in the context of the Bharatiya Nagarik Suraksha Sanhita, 2023?

    An act or omission made punishable by law, including offenses where a complaint can be made under the Cattle Trespass Act, 1871.

    What is a 'bond' under this Sanhita?

    A personal bond or undertaking for release without surety.

    What is a 'bail bond' under this Sanhita?

    An undertaking for release with a surety.

    What is a 'cognizable offence'?

    An offence for which a police officer can immediately arrest someone without a warrant.

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    What is a 'non-cognizable offence'?

    An offence for which a police officer cannot arrest someone without a warrant.

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    What is 'local jurisdiction' in this Sanhita?

    The local area within which a court or magistrate can legally exercise its powers.

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    What is a 'notification' in the context of this Sanhita?

    The official publication in the Gazette of India.

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    What is 'investigation'?

    The collection of evidence conducted by a police officer or designated individual under a magistrate's authority.

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    What is a 'judicial proceeding'?

    The term 'judicial proceeding' includes any proceeding where evidence is or could be legally taken under oath.

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    What is an 'inquiry' under this Sanhita?

    Every inquiry, other than a trial, conducted under this Sanhita by a magistrate or court.

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    What is a 'Court of Session'?

    A court established for a session division, presided over by a judge appointed by the High Court.

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    What is a 'Criminal Court'?

    A court of law that deals with cases related to an offence.

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    Which categories of Criminal Courts are defined by the Bharatiya Nagarik Suraksha Sanhita, 2023?

    This Sanhita describes four main classes of Criminal Courts: Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates.

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    What is 'bail'?

    The release of a person accused of or suspected of an offence from custody, subject to conditions set by an officer or court, where the person signs a bond or bail bond.

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    What is a 'bailable offence'?

    An offence where a police officer can arrest someone without a warrant.

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    What is a 'non-bailable offence'?

    An offence where a police officer must obtain a warrant before arresting someone.

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    What is a 'complaint' in this Sanhita?

    Any allegation made orally or in writing to a magistrate regarding an alleged offence, excluding police reports.

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    What is a 'police report'?

    A report filed by a police officer after an investigation concludes with the discovery of a non-cognizable offence.

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    What is 'local jurisdiction'

    An area, defined by the State Government, where a magistrate can exercise its powers under this Sanhita, which can comprise the whole or a part of the state.

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    What is 'appointment' in this Sanhita?

    The act of appointing a person to a position, not including the first appointment, posting, or promotion process.

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    What is the 'Chief Judicial Magistrate?'

    A court presided over by a Judicial Magistrate of the first class, appointed by the High Court.

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    What is the 'Public Prosecutor?'

    A person appointed to conduct any prosecution, appeal, or other legal proceeding on behalf of the Central Government or a State Government.

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    Who is the Public Prosecutor accountable to?

    The Public Prosecutor is accountable to the Director of Prosecution.

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    What is a 'regular Cadre of Prosecuting Officers'?

    A body of prosecutors, including the Public Prosecutor, with a hierarchy for promotion of Assistant Public Prosecutors.

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    Who is the 'Public Prosecutor?'

    A person appointed to conduct any prosecution, appeal, or other legal proceeding on behalf of the Central Government or a State Government.

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    What is the 'Special Public Prosecutor?'

    A designated person appointed to conduct cases or specific cases on behalf of the Central Government or a State Government.

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    Who is the 'Assistant Public Prosecutor?'

    A person who is appointed to conduct prosecutions in the Courts of Magistrates.

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    What is the 'Directorate of Prosecution?'

    A directorate established in a state to oversee the functioning of prosecutions.

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    What is the maximum sentence that the Chief Judicial Magistrate can impose?

    The maximum sentence which can be passed in a case by the Chief Judicial Magistrate excludes the death penalty, life imprisonment, and imprisonment exceeding seven years.

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    Study Notes

    Bharatiya Nagarik Suraksha Sanhita, 2023 (Bill)

    • Bill Number: 174-C of 2023
    • Passing Body: Lok Sabha
    • Date Passed: 20.12.2023
    • Purpose: Consolidates and amends criminal procedure law.
    • Exclusions: Specific provisions of the Bill do not apply to Nagaland or tribal areas unless applied by State notification.

    Chapter I: Preliminary Clauses

    • Short Title: Bharatiya Nagarik Suraksha Sanhita, 2023

    • Commencement: Central Government to set specific date of commencement in Official Gazette.

    • Definitions: Extensive definitions of various terms like "audio-video electronic means," "bail," "cognizable offence," "inquiry," "investigation," "police report," "victim," "warrant-case," etc. are provided. Important note: Definitions often refer to other laws, such as the Information Technology Act, 2000 and other acts in force.

    • Construction of References: References to Magistrates in various laws are redefined in relation to this Sanhita, differentiating between judicial and executive functions.

    • Trial of Offences: Offences under the Bharatiya Nyaya Sanhita, 2023 are to be dealt with according to its provisions. Offences under other laws are subject to existing provisions, but can be amended for specific cases.

    • Saving: Existing local, special and specific laws, jurisdictions, and procedures remain unaffected unless explicitly stated otherwise.

    Chapter II: Constitution of Criminal Courts & Offices

    • Criminal Courts: Classes of Criminal Courts, including Courts of Session, Judicial Magistrates (first & second class), and Executive Magistrates, are established at various levels.
    • Territorial Divisions: States and their internal districts, sub-divisions, and sessions divisions are subject to alterations by State Government consultation with the High Court.
    • Courts of Session: Each sessions division has a Court of Session with a Judge appointed by the High Court, along with Additional Sessions Judges.
    • Judicial Magistrates: Judicial Magistrates of first and second class appointed by the High Court, with specific local jurisdiction determined by the State. A provision exists for establishing specialized judicial magistrate courts.
    • Chief Judicial Magistrate and Additional: High Courts appoint Chief Judicial Magistrates and additional magistrates within districts to enhance the management of criminal cases.
    • Special Judicial Magistrates: High Court can invest powers and responsibilities in special magistrates appointed, usually for specific cases.
    • Executive Magistrates: State Government appoints Executive Magistrates, including a District Magistrate responsible for a district. This also includes the appointment of Additional District Magistrates. Important executive functions like granting/cancelling licenses and sanctioning prosecutions remain their responsibility.

    Chapter III: Powers of Courts

    • Trial of offences: Defines the courts that have jurisdiction over offences concerning offences under existing laws and the Bharatiya Nyaya Sanhita, 2023, differentiating between bailable and non-bailable offences.
    • Sentencing: Specifies sentencing powers for different court levels (High Court, Courts of Session, Magistrates). Death sentences require High Court confirmation.
    • Sentences and Default: Explains various sentencing aspects, including imprisonment in default of a fine.
    • Conviction for Multiple Offences: Specifies sentencing when multiple offences are convicted in a single trial.

    Chapter IV: Powers of Police and Aid to Magistrates

    • Powers of Superior Police Officers: Police personnel with higher ranks are granted certain powers.
    • Public Assistance to Magistrates: Public are expected to assist magistrates and police in several circumstances.
    • Aid to Non-Police in Enforcement: Describes assistance to individuals, other than police officers, executing warrants.
    • Public Reporting Obligations: Citizens are obligated to report certain offences to the police.

    And so on...

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    This quiz covers the Bharatiya Nagarik Suraksha Sanhita, 2023, detailing its key provisions, the legislative process, and initial definitions provided in Chapter I. Test your knowledge on the implications of this legislation on criminal procedure law in India.

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