Judicial Magistrate Statements in Criminal Law

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Questions and Answers

What is required before a police officer can conduct a search according to Sec. 103 (4) BNSS?

The issuance of a warrant from a magistrate

The presence of at least two independent witnesses (correct)

The approval of a higher-ranking officer

The consent of the person whose premises are being searched

What should a police officer do if they cannot conduct a search in person?

Conduct the search in absentia through legal documentation

Postpone the search until they can be present

Delegate the task to a subordinate police officer after recording reasons (correct)

Call for assistance from other law enforcement agencies

What happens if a person refuses to witness a search when called upon?

They cannot be penalized if they provide a valid reason

Their identity will be reported to higher authorities

The search can still proceed without witnesses

They are deemed to have committed an offence under section 222 of BNSS (correct)

What should be done with the audio-video recording of the search?

It should be forwarded to the DM, SDM, or JMIC without delay Signup and view all the answers

Which of the following is NOT a requirement during a search as specified in the BNSS?

Providing notification to the local government office prior to the search Signup and view all the answers

What is the time frame in which the Investigating Officer must send records to the Magistrate regarding a search?

48 hours Signup and view all the answers

Which of the following is NOT required to be included in the records sent to the Magistrate after a search?

List of all officers involved in the search Signup and view all the answers

What is the purpose of the show cause notice issued by the Magistrate in the attachment of property process?

To inform the person of the proposed attachment Signup and view all the answers

What can a Magistrate do if they believe that notifying the property owner will defeat the objective of property attachment?

Pass an ex-parte interim order for attachment Signup and view all the answers

After determining the property as proceeds of crime, what must the Magistrate do next?

Direct the District Magistrate for distribution to victims Signup and view all the answers

What is the time frame in which the District Magistrate must distribute the proceeds of crime after receiving direction from the Magistrate?

60 days Signup and view all the answers

Which section of BNSS discusses the procedure for attachment of property derived from criminal activity?

Sec. 107 BNSS Signup and view all the answers

What must the Investigating Officer have before applying for the attachment of property made from criminal activity?

Approval of the Superintendent or Commissioner of police Signup and view all the answers

What is the time frame for completing further investigation during a trial under Sec. 193 (9) of BNSS?

90 days Signup and view all the answers

What must happen before a court can withdraw from prosecution according to Sec. 360 BNSS?

The victim must be given an opportunity to be heard. Signup and view all the answers

Under Sec. 175 (4) of BNSS, who must provide a report before a Magistrate can take cognizance of a complaint against a public servant?

Senior officers of the public servant. Signup and view all the answers

Who is responsible for recording the statement of a witness in offences punishable with imprisonment for 10 years or more?

The Judicial Magistrate Signup and view all the answers

What is required when a statement is made by a person who is mentally or physically disabled?

An interpreter or special educator must assist Signup and view all the answers

What opportunity must a Magistrate provide to a police officer regarding a complaint case before ordering an investigation?

Opportunity to submit a statement. Signup and view all the answers

What approval is needed for the arrest of an aged person in offences punishable with less than 3 years imprisonment?

Approval from the DySP Signup and view all the answers

What does Sec. 356 BNSS establish regarding Proclaimed Offenders?

The trial can proceed in their absence after a waiting period. Signup and view all the answers

What is the required time frame for framing charges against an accused according to Sec. 263 BNSS?

60 days Signup and view all the answers

What is the role of the Designated Police Officer in every Police station?

To maintain a record of arrested persons Signup and view all the answers

In case of a private person's arrest, what is the time frame for handing over the arrested individual to the police?

6 hours Signup and view all the answers

In BNSS, which of the following statements is correct regarding trials in-absentia of Proclaimed Offenders?

They require a waiting period before trial can commence. Signup and view all the answers

Under what circumstance is the use of handcuffs allowed?

For habitual offenders and those escaping custody Signup and view all the answers

Which of the following actions can a Magistrate take regarding a complaint against a public servant?

Consider the assertions made by the public servant. Signup and view all the answers

What must a police officer do after making an arrest?

Inform relatives or friends and the Designated Police Officer Signup and view all the answers

What legal provision is there regarding victims when a witness is recorded?

There is no specific provision regarding victims Signup and view all the answers

What method may be used to serve summons according to the BNSS?

Electronic communication Signup and view all the answers

What can a Court or Police officer demand under Sec. 94 of the BNSS?

Production of electronic communication or devices Signup and view all the answers

What is the time limit for framing charges by a Magistrate under the BNSS?

Within 60 days from first hearing Signup and view all the answers

How long does an accused have to file an application for discharge in BNSS?

Within 60 days from committal Signup and view all the answers

What does Sec. 175 (1) BNSS allow the Superintendent of Police to do?

Assign investigation tasks to the Deputy Superintendent of Police Signup and view all the answers

What is the maximum duration allowed by the BNSS for an absent complainant to appear in court before discharge is granted?

30 days Signup and view all the answers

What significant provision does the CrPC lack in comparison to the BNSS regarding electronic evidence?

Provisions for electronic documents Signup and view all the answers

Which of the following statements is true regarding the time prescribed for charge procedures in BNSS compared to the CrPC?

BNSS requires a specific time limit while CrPC does not. Signup and view all the answers

Study Notes

Recording of Witness Statements

Judicial Magistrate must record statements of witnesses in cases with imprisonment of 10 years or more, differing from the previous CrPC provisions.
Statements by mentally or physically disabled individuals should be recorded with the help of an interpreter or special educator using audio-video means.

Arrest Procedures

No arrest of individuals aged above 60 or infirm for offenses punishable with less than 3 years imprisonment without DySP's permission.
Designated Police Officer, at least ASI rank, must be appointed to maintain digital records of arrested individuals in every police station.
Police must inform relatives or friends and the designated officer about the arrest of a person.
Arrest by private persons must be reported to the police within 6 hours.

Use of Handcuffs

Handcuffs may be used on habitual offenders, escapees from custody, or individuals involved in severe crimes such as terrorism, human trafficking, and serious violence.

Search Procedures

Searches must be recorded using audio-video means.
Police must summon at least two independent witnesses prior to conducting a search; refusal to witness is considered an offense.
After a search, the recording must be sent to the relevant district officers.

Attachment of Property

Investigating officers can apply for property attachment linked to criminal activity with supervisory approval.
Magistrates issue show-cause notices for property attachment, giving 14 days for response.
Ex-parte interim orders can be made for attachment if notifying the property owner would thwart objectives.
District Magistrate is responsible for the equitable distribution of the proceeds of crime to victims within 60 days.

Inquest Reports and Further Investigations

Further investigations during trial should be completed within 90 days, with possible extension by court permission.
Victims should be heard before any withdrawal from prosecution.

Complaints Against Public Servants

Magistrates can take cognizance of complaints against public servants after examining reports from senior officers.
Police input must be considered before investigating complaints against public officials.

Speedy Trial Provisions

Trials can be conducted in the absence of a proclaimed offender after a mandatory waiting period of 90 days.
Charges must be framed within 60 days after the first hearing.

Summons and Electronic Communication

Summons can now be served electronically.
Courts can demand production of digital evidence during investigations, a procedure not covered by the previous CrPC.

Timelines for Trial Stages

BNSS significantly reduces timelines for various trial stages compared to the CrPC, aiming for greater efficiency in handling criminal cases.

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Description

This quiz covers the procedure and regulations regarding the recording of witness statements by the Judicial Magistrate in cases involving serious offences punishable with significant imprisonment. It highlights the legal framework established under Sec. 183(6) of the BNSS, focusing on the implications for witnesses with mental or physical disabilities. Test your understanding of these legal provisions and their impact on the justice system.