Bharatiya Nagarik Suraksha Sanhita, 2023 Overview
22 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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</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</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</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</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</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</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</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

    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...

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Bharatiya Nagarik Suraksha Sanhita, 2023 PDF

    Description

    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.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser