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BNSS: Section 1, 2, 3, 4, 5, 6, 7, 8, 9 &10 BNSS| Bharatiya Nagarik Suraksha Sanhita

Updated: Mar 1

CHAPTER I


PRELIMINARY


Section 1 BNSS| Bharatiya Nagarik Suraksha Sanhita


Short title, extent and commencement.


(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.


(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—


(a) to the State of Nagaland;

(b) to the tribal areas,


but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.


Explanation.—In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


Section 2 BNSS | Bharatiya Nagarik Suraksha Sanhita (BNSS):


Definitions.



(1) In this Sanhita, unless the context otherwise requires,—

(a) “audio-video electronic means” shall include use of any communication devicefor the purposes of video conferencing, recording of processes of identification, searchand seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;


(b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;


(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;


(d) “bail bond” means an undertaking for release with surety;


(e) “bond” means a personal bond or an undertaking for release without surety;


(f) “charge” includes any head of charge when the charge contains more heads than one;


(g) “cognizable offence” means an offence for which, and “cognizable case”means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;


(h) “complaint” means any allegation made orally or in writing to a Magistrate,with a view to his taking action under this Sanhita, that some person, whether knownor unknown, has committed an offence, but does not include a police report.


Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to bea complaint; and the police officer by whom such report is made shall be deemed to be the complainant;


(i) “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-videoplayer or camera or any other electronic device or electronic form as may be specifiedby notification, by the Central Government;


(j) “High Court” means,—


(i) in relation to any State, the High Court for that State;


(ii) in relation to a Union territory to which the jurisdiction of the HighCourt for a State has been extended by law, that High Court;


(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;


(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court;


(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.


Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;


(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;


(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers underthis Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;


(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest withoutwarrant;


(p) “notification” means a notification published in the Official Gazette;


(q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be madeunder section 20 of the Cattle Trespass Act, 1871;


(r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or othercause to perform his duties, the police officer present at the station-house who is nextin rank to such officer and is above the rank of constable or, when the State Governmentso directs, any other police officer so present;


(s) “place” includes a house, building, tent, vehicle and vessel;


(t) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193;


(u) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified bythe State Government in this behalf;


(v) “Public Prosecutor” means any person appointed under section 18, andincludes any person acting under the directions of a Public Prosecutor;


(w) “sub-division” means a sub-division of a district;


(x) “summons-case” means a case relating to an offence, and not being awarrant-case;


(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian orlegal heir of such victim;


(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.


(2) Words and expressions used herein and not defined but defined in the InformationTechnology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meaningsrespectively assigned to them in that Act and Sanhita


Section 3 BNSS | Bharatiya Nagarik Suraksha Sanhita (BNSS):


Construction of references.


(1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.


(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,—


(a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or


(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate.



Section 4 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:


Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.


(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.


(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.



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Section 5 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Saving.


Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.


CHAPTER II: CONSTITUTION OF CRIMINAL COURTS AND OFFICES


Section 6 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Classes of Criminal Courts.


Besides the high courts and the courts constituted under any law, other than this Sanhita there shall be, in every State, the following classes of Criminal Courts, namely:—


(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and (iv) ExecutiveMagistrates.



Section 7 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Territorial divisions.


(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.


Section 8 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Court of Session.


(1) The State Government shall establish a Court of Session for every sessions division.


(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.


(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.


(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.


(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.


(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.


(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.


(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.


Explanation.—For the purposes of this Sanhita, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government.


Section 9 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Courts of Judicial Magistrates.


(1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:


Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.


(2) The presiding officers of such Courts shall be appointed by the High Court.


(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.


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Section 10 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.


(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.


(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.


(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.


(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.



Links to important sections of Bharatiya Nagarik Suraksha Sanhita (BNSS):


Section 30 to Section 40 of BNSS (Provisions relating to Arrest starting from Section 35):


Section 144-163 (Section 144,145,146 and 147 relate maintenance proceedings):


Section 173-Section 187 (including section 173 relating to FIR):


Section 188 to Section 209 (including section 193 relating to chargesheet/police report):


Section 210 to Section 222 (including provisions relating to cognizance):


Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):


BNSS: Section 1, 2, 3, 4, 5, 6, 7, 8, 9 &10| Bharatiya Nagarik Suraksha Sanhita







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