Indian Criminal Laws Handbook PDF

 Message On 22nd December 2023, Indian Parliament passed three new criminal laws which include The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarik Suraksha Sanhita 2023 and The Bharatiya Sakshya Adhiniyam 2023. In the words of Honorable Prime Minister Shri Narendra Modi...

 Message On 22nd December 2023, Indian Parliament passed three new criminal laws which include The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarik Suraksha Sanhita 2023 and The Bharatiya Sakshya Adhiniyam 2023. In the words of Honorable Prime Minister Shri Narendra Modi these three new laws will prove to be milestones in the journey of 'punishment to justice' in independent India. There is sure to be a radical change in the justice system of the state under the leadership of the Honorable Home Minister with the implementation of three new criminal laws. To effectively implement the new criminal laws, it is necessary to make some fundamental changes to our working system. Adequate knowledge and training of our investigating officers on these laws is of utmost importance, and to this end to fulfill this, Chandigarh Police has prepared a booklet in Hindi, English and Punjabi giving a simple description of the three new criminal laws, which will guide the investigating officers in criminal investigation. I hope that in the implementation of 3 new laws, this book will provide proper assistance in making the working system of our police personnel more effective. Praveer Ranjan Director General of Police U.T., Chandigarh 1 NEW BHARATIYA CRIMINAL LAWS Ÿ Bharatiya Nyaya Sanhita (BNS), 2023 Ÿ Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Ÿ Bharatiya Sakshya Adhiniyam (BSA), 2023 2 BHARATIYA NYAYA SANHITA (BNS), 2023 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 BHARATIYA SAKSHYA ADHINIYAM (BSA), 2023 65 66 67 68 69 70 71 72 73 74 75 76 SOME IMPORTANT KNOWLEDGEABLE POINTS FOR INVESTIGATION OFFICERS 77 1. On receipt of information of cognizable offence, Zero-FIR will be registered irrespective of the area. 2. In case of information of cognizable offence received through electronic means, the signature of the person giving the information will be taken within 3 days and proceed accordingly. 3. Provision for preliminary enquiry in cognizable offences punishable with 3 to 7 years required to be conducted with the permission of DSP and completed within period of 14 days. 4. The progress report of the case will be informed to the victim within 90 days from the date of registration of FIR. 5. The time allotted for investigation of each case shall be adhered to. 6. The process of search or seizure of any property, article or thing and the process of preparing their list will be video recorded and photographed using a mobile phone or other electronic device and the recording will be sent to the area magistrate. 7. Provision of protection of witness. 8. Provision for use of handcuffs keeping in view the nature and gravity of offences or for the offences as per Section 43 (3). 9. Provision of forensic expert is mandatory for collection of forensic evidence from the scene of crime where offence is punishable 7 years and above. 78  BNSS - PROVISIONS PROVISIONS RELATED TO ARREST Section 35 When police may arrest without warrant. Ÿ When a person commits a cognizable offence, a police officer can arrest that person without a magistrate's order or a warrant. Ÿ The police officer shall, in all other cases in which the arrest of any person under sub-section (1) is not necessary, issue a direction to that person to attend before him. Ÿ In cases where the punishment is less than 3 years and the accused is suffering from a serious illness or is above 60 years of age, such arrest can be made only with the permission of the Deputy Superintendent of Police (DSP). Section 36 Procedure of arrest and duties of officer making arrest. Ÿ Every police officer when making an arrest, shall bear an identification in true form showing his name and rank. Ÿ Memorandum of arrest will be prepared and will be signed by a witness and the person arrested. Section 38 Right of arrested person to meet an advocate of his choice during interrogation. Ÿ The arrested person is entitled to meet a lawyer of his choice during the police interrogation, though not throughout the entire interrogation. Ÿ If the name and address of such arrested person cannot be ascertained within 24 hours, he will be produced before a Magistrate. 79 Section 43 Arrest how made. Ÿ The arrest of a woman shall be made by a female police officer except in extreme circumstances, a male police officer shall not touch the woman. Ÿ The police officer may keeping in view the nature and gravity of the offence, use handcuff while making the arrest or while producing such person before the court who is a habitual offender, terrorist or drug related offences, acid attack, counterfeiting of currency notes, human trafficking, child sexual offences or offences against state. Ÿ In critical circumstances or any forceful situation exists, if the arrest of a woman convict has to be made at night, in such a situation, it shall be made by obtaining the written permission of the Magistrate of the First Class. Section 44 Search of place entered by person sought to be arrested. Ÿ If any person acting under a warrant of arrest, or any police officer having authority to arrest believe that the person has entered into or is within, any place, any person residing in, or being in charge of such place shall on demand of police officer allow him free ingress thereto and afford all reasonable facilities for a search therein. Section 47 Person arrested to be informed of grounds of arrest and of right to bail. Ÿ Every police officer arresting any person shall inform him regarding the grounds of his arrest and his right to bail. Section 48 Obligation of person making arrest to inform about arrest etc to relative or friend. Ÿ Police officer or other person making the arrest shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives or any such person nominated by the arrested person and if the offence is bailable then he 80  will be informed about his right to bail. Section 52 Examination of person accused of rape by medical practitioner. Ÿ When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape, he shall be medically examined by a Registered Medical Practitioner at the request of a police officer. Ÿ The medical professional shall prepare the report without any delay conducting all the information and DNA profiling of the accused and forward the report to the investigating officer. Section 53 Examination of arrested person by medical officer- Ÿ The arrested person will be examined by the Medical Officer and a copy of the report furnished by him will be provided to the arrested person or the person nominated by such arrested person. Ÿ If the arrested person is a female, the examination of the body shall be made by the Female Medical Officer. Section 55 Procedure when police officer deputes subordinate to arrest without warrant- Ÿ When any officer incharge of a police station requires any officer subordinate to arrest without warrant, shall be made by an order in writing. Section 56 Health and safety of person arrested. Ÿ It is the duty of the officer keeping the accused in custody to take appropriate care of the health and safety of the accused. Section 57 Person arrested to be taken before Magistrate of officer in charge of police station. Ÿ A police officer making an arrest without warrant shall, without unnecessary delay shall send the person arrested before incharge Police Station or the Magistrate. 81 Section 58 Person arrested not to be detained more than 24 hours. Ÿ Person arrested without warrant shall be produced before the Magistrate within 24 hours. Section 61 Power, on escape, to pursue and retake. Ÿ If a person in lawful custody escapes or is rescued, may be immediately pursued and arrest him in any place in India. Section 62 Arrest to be made strictly according to Sanhita. Ÿ No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest. 82  INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE BNSS Provisions (Now Section 173 to 193 BNSS / earlier Section 154 to 173 CrPC) Section 173 Investigating powers of Police- Ÿ On receipt of information of cognizable offence, zero FIR will be registered irrespective of the area. Ÿ Action will be taken upon receipt of information regarding a cognizable offense through oral or electronic communication. Ÿ Orally, it shall be reduced to writing by him and shall be signed by the person giving it. By electronic communication, it shall be taken on record by him on being signed within 3 days by the person giving it. Ÿ If the offence is of section 64,64,66,67,68,69,70,71,74, 75,76,77, 78,79, & 124 then it will be recorded by the lady police officer or any lady officer. If the victim woman is permanently or temporarily mentally or physically disabled for the purposes of the above section, then it will be written at her place of residence or at an accessible place and it will be written in the presence of an interpreter or a specialist.. Ÿ The recording of such statement shall be Videography. Ÿ The police officer shall get the statement of the person recorded by a Magistrate under section 183 (6) as soon as possible. Ÿ A copy of the information as recorded shall be given free of cost, to the informant or the victim. Ÿ Without prejudice to the provisions contained in section 175, on receipt of information of any cognizable offence, which is made punishable for three years or more but less than 7 years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP), considering the nature and gravity of the offence will proceed to conduct preliminary enquiry. Ÿ Any person aggrieved by a refusal on the part of an officer in charge of the police station to record the information referred to section 173 (1) may make an application to the Superintendent of Police or the Magistrate. 83  INFORMATION AND PROCEEDINGS OF NON-COGNIZABLE CRIME Section 174 Information as to non-Cognizable cases and investigation of such cases. Ÿ DDR of information shall be registered in non-cognizable offences and refer the informant to the Court. Ÿ DDR of all such cases shall be forwarded to the magistrate fortnightly. Ÿ No police officer shall investigate a non-cognizable case without the order of a Magistrate. Ÿ Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case. Section 175 Police officer's power to investigate cognizable case. Ÿ Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction within the limits of such statin would have the power to enquire. Ÿ Any Magistrate empowered under section 210, may after considering the application received under section 173(4) order a police officer to conduct the investigation. Section 176 Procedure for Investigation. Ÿ If, information received or otherwise, an officer incharge of police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report to the Magistrate empowered to take cognizance of such offence upon a police report or shall depute one of his subordinate officer. Ÿ If it appears to the officer incharge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. 84 Ÿ Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the palace or choice in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone. Ÿ On receipt of every information relating to the commission of an offence which is made punishable for 7 years or more, the officer incharge of the police station shall notify the forensic expert to visit the crime scene to collect forensic evidence of the offence. Ÿ Videography of the whole process shall be recorded on mobile phones or any other electronic device. Section 177 Report how submitted. Ÿ Every report sent to a Magistrate under section 176 shall be submitted through such Superior Officer of Police. Ÿ The report will be sent to the Magistrate without any delay. Section 178 Power to hold investigation or preliminary inquiry. Ÿ The Magistrate on receiving a report under section 176, may direct an investigation, or, if he think fit, at once proceed to hold a preliminary inquiry into, or otherwise to dispose of the case. Section 179 Police Officer's Power to require attendance of witness. Ÿ Any police officer making an investigation, may, by order in writing, require the attendance before himself provided that no child under the age of 15 years or woman above 60 years of age mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides. Ÿ Provied further that if such person is willing to attend at the police station, such person may be permitted to do so. 85 Section 180 Examination of witness by police. Ÿ Any police officer making an investigation may examine any person supposed to be acquainted with the facts and circumstances of the case. Ÿ Provided further that the statement of woman against whom an offence under sections 64,65,66,67,68, 69,70, 71,74,75,76,78,79 and 124, is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer. Section 182 No inducement to be offered. Ÿ No police officers or other person in authority shall offer or make, any such inducement threat or promise. Section 183 Recording of confessions and statements. Ÿ Any confession or statement may be recorded by electronic means in the presence of the advocate of the person accused of an offence. Ÿ In cases punishable under sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 & 124, statement shall be recorded by woman Magistrate and in her absence by a male Magistrate in the presence of a woman. Ÿ Further in cases relating to the offences punishable with imprisonment for 10 years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer. Section 184 Medical examination of victim of rape. Ÿ A woman victim of rape shall be sent to a registered medical practitioner within 24 hours from the time of receiving the information relating to the commission of such offence. Ÿ The registerd medical practitioner shall, within a period of 7 days forward the report to the investigation officer under section 193 as a part of the documents refer to under sub-section (6). 86 Section 185 Search by police officer. Ÿ Whenever an officer incharge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary of an investigation into any offence which he is authorized to investigated may be found in any place within the limits shall be recorded through electronic means preferably by mobile phone and shall be recorded in the case diary. Ÿ Copies of any record made shall forthwith, but not later than 48 hours will be sent to the Magistrate. A copy of the list of search articles shall be sent to the owner or the possessor of the place. Section 186 When officer incharge of police station may require another to issue search warrant. Ÿ An officer incharge of the police station or a police officer not being below the rank of sub-inspector, investigates in the jurisdiction of another police station, he shall forward the search list, if any to the officer at whose area, the search was made. Ÿ The owner or occupier of the place searched shall be sent a copy of any record through the Magistrate. Section 187 Procedure when investigation cannot be completed within 24 hours. Ÿ The Magistrate to whom an acused person is forwarded under this section may, irrespectivbe of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding 15 days in the whole, or in parts, at any time during the initial 40 days or 60 days out of detention period of 60 days or 90 days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. 87 Section 188 Report of investigation by subordinate police officer. Ÿ When any subordinate police officer has made any investigation, he shall report the result of such investigation to the officer incharge of the police station. Section 189 Release of accuded when evidence is deficient. Section 190 Cases to be sent to Magistrate for trial when evidence is sufficient. Section 191 Complainant or witnesses not to be requried to accompany police officer and not to be subject to restraint. Section 192 Diary of proceedings in investation. Ÿ Every police officer making an investigation shall day by day enter his proceedings in the investigation in a diary. Section 193 Report of the police officer on completion of investigation. Ÿ Every police officer should submit the report of investigation within the prescribed time and without any unnecessary delay. Ÿ The investigation to an offence under sections 64,65,66,67,68,70,71, of BNS 2023 or under Sections 4,6,8 or Section 10 of POCSO Act 2012 shall be completed within 60 days from the date on which information was recorded by the officer and shall be presented in the Court. Ÿ The police officer investigating the case shall also supply a copy of the challan to the accused as required under Section 230. Ÿ The police officer shall, within the period of 90 days inform progress of the investigation by any means including through electronic communication to the informant or the victim. Ÿ According to Section 193(9), if any investigation is pending after the challan of the case has been forwarded to the Court, it shall be completed within 90 days with the permission of the Court and even if the investigation is not completed then it can be continued further with the permission of the Court. 88