Criminal Justice System Reforms in India (BNJS)

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Questions and Answers

Under which circumstance is an FIR considered a substantial piece of evidence?

  • When the informant does not remember the specifics but is certain about the statements written within 48 hours of the FIR.
  • When the incident occurred in the presence of a station house officer, and the informant makes a statement to that officer in 36 hours
  • When the FIR is used to verify the credibility of a witness, even one that is not the person who made the report. (correct)
  • When a declaration is made by the person who is dead, relating to the cause of their death. (correct)

According to the content provided, the primary purpose for which an FIR is regarded as an important piece of evidence is:

  • To serve as conclusive proof of the offense.
  • To corroborate the testimony of all witnesses.
  • To be used as substantive evidence against the accused.
  • To help in the initiation of the investigation related to an offense. (correct)

According to Pandunay Chandra Minatora Vs State of Maharastrea, what is the allowable use for an FIR?

  • To confirm the testimony of other witnesses.
  • To challenge the trustworthiness of the testimony of the person making the report. (correct)
  • To act as the primary piece of evidence in a case.
  • To be used as substantive evidence against the accused.

What did the court observe in the case of Kapporte Singh Vs Emperor regarding the admissibility of an FIR in court?

<p>An FIR by a deceased person can be admitted if it explained the circumstances of death. (D)</p> Signup and view all the answers

In what way can an FIR be utilized for corroboration during a trial?

<p>To support specific aspects within the statements of an eyewitness to strengthen the case. (A)</p> Signup and view all the answers

Which of the following best describes a primary aim of the Bharatiya Nagarik Suraksha Sanhita (BNSS)?

<p>To modernize and transform the criminal justice system, focusing on efficiency, fairness and transparency. (C)</p> Signup and view all the answers

What does the BNSS primarily aim to achieve regarding criminal procedures?

<p>To expedite criminal procedures by establishing stricter timelines for investigations, trials, and appeals. (D)</p> Signup and view all the answers

Which is a key provision under the BNSS that ensures protection and support for victims?

<p>The protection of victim intimidation, with victim participation and provision of victim compensation. (D)</p> Signup and view all the answers

How does the BNSS incorporate technology into the criminal justice process?

<p>Through the incorporation of digital evidence management, e-filing of complaints, audio-video recordings of investigations and video conferencing for court hearings. (A)</p> Signup and view all the answers

In relation to investigation and prosecution, what is explicitly introduced under BNSS?

<p>Clear guidelines for evidence collection, investigation timelines, and the responsibilities of Public Prosecutors. (A)</p> Signup and view all the answers

What does the BNSS introduce for specific types of crimes like cybercrime and offenses against women and children?

<p>Special procedures to ensure such offenses are handled with the required sensitivity and expertise. (D)</p> Signup and view all the answers

What mechanisms does the BNSS introduce to ensure accountability and transparency in the criminal justice system?

<p>Oversight mechanisms for law enforcement and transparency in the investigation and prosecution processes. (C)</p> Signup and view all the answers

According to the provided information, what is the significance of the FIR in the process of cognizance of a case?

<p>The evidentiary value of the existence of the FIR is more important than other statements at the time of cognizance of a case or initiating investigation. (C)</p> Signup and view all the answers

Flashcards

What is the BNSS?

The BNSS aims to modernize India's criminal justice system by streamlining legal processes, improving efficiency, ensuring fairness, and emphasizing victim rights.

How does the BNSS improve efficiency?

The BNSS aims to speed up criminal procedures, reducing delays and backlogs in the court system.

What are the key aspects of victim rights in the BNSS?

The BNSS includes provisions for victim compensation, protection from intimidation, and ensuring their participation in the legal process.

How does technology play a role in the BNSS?

The BNSS encourages the use of technology in criminal justice, like digital evidence management, electronic filing, and video conferencing.

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How does BNSS improve investigation and prosecution?

The BNSS provides clear guidelines for evidence collection, investigation timelines, and responsibilities of public prosecutors.

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How does the BNSS handle specific types of crimes?

The BNSS addresses specific types of crimes like organized crime, cybercrime, and crimes against women and children with specialized procedures.

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What are the key aspects of transparency and accountability in the BNSS?

The BNSS includes measures to increase transparency and accountability in the criminal justice system, including oversight mechanisms.

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What is the evidentiary value of the FIR?

The FIR (First Information Report) is considered highly valuable evidence, even more so than other statements, when initiating a criminal investigation.

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FIR as Evidence

A First Information Report (FIR) is not considered substantial evidence in court. It can only be used to assess the credibility of a witness or to corroborate other evidence.

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When FIR is Substantial

An FIR can be considered as substantial evidence if the person who made the report is deceased, or if the incident occurred in the presence of the Station House Officer (SHO) and the information was provided immediately.

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FIR for Contradiction

An FIR can be used to contradict the statement of the person who provided the information, if their testimony in court contradicts the information given in the FIR.

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FIR and Witness Testimony

An FIR can't be used to outright contradict another witness's testimony. However, it can be used to assess their credibility.

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FIR in Death Cases

An FIR can be considered as a piece of evidence if it provides detailed information about the circumstances of a death, especially when the deceased person made the report.

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Study Notes

Salient Features of the Criminal Justice System Reforms (BNJS)

  • The BNJS is part of India's effort to modernize and improve the criminal justice system, focusing on efficiency, transparency, and fairness.
  • Modernized Legal Framework: The BNJS aims to streamline legal processes, reduce delays, and make the system more responsive to the needs of citizens.
  • Efficiency: The BNJS prioritizes expediting criminal procedures, shortening timelines for investigations, trials, and appeals, and reducing backlogs.
  • Enhanced Victim Rights and Support: The BNJS emphasizes victim rights, including providing better support and protection during the criminal process, and compensation.
  • Technological Integration: The BNJS incorporates provisions for the use of modern technologies like digital evidence management, electronic filing, audio-video conferencing, and technology to improve investigations and court proceedings.
  • Updated Investigation and Prosecution Processes: The BNJS introduces clear guidelines for evidence collection, investigation timelines, and responsibilities of public prosecutors.

Special Provisions for Certain Crimes

  • The BNJS includes special procedures for handling specific types of crimes, such as cybercrime and crimes against children.
  • These provisions ensure that such offenses are handled with the necessary sensitivity and expertise.

Accountability and Transparency

  • The BNJS aims to improve accountability and transparency within the criminal justice system through oversight mechanisms for law enforcement agencies.
  • This includes transparent investigation and prosecution processes.

Value of First Information Report (FIR)

  • The FIR is a significant piece of evidence, especially as the initial information.

  • It plays a crucial role during the investigation process and the cognizance of an offence.

  • The FIR is recognized as a substantial piece of evidence as it is the first record of information about a crime.

  • It is important in the initial phases of the investigation and forms a basis for further investigation.

  • It can be used to corroborate other evidence or correct an eyewitness' account.

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