Bharatiya Nagrik Suraksha Sanhita (Part 1)

Bharatiya Nagrik Suraksha Sanhita (Part 1) by Reena Kansal is a comprehensive guide to the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), covering the foundational principles and the first six chapters of India's new criminal procedure law.

The book explains the rationale behind the criminal justice reforms, compares BNSS with the Code of Criminal Procedure, 1973, and provides a section-wise analysis of key provisions relating to criminal courts, powers of courts, police authorities, arrest, and processes to compel appearance.

It serves as a practical reference for understanding the procedural framework introduced under the new criminal laws.

Remarkable Changes under BNSS (Chapter-wise)
Rationale of Criminal Justice System
Background of criminal law
Chronology of criminal justice system
Drawbacks of criminal justice system
Composition of BNSS
Timeline for BNSS
Statement of Objects and Reasons of BNSS
Overview of BNSS *vis-à-vis* Code 1973
Object of Criminal Trial
Stakeholders and Functionaries in the Criminal Justice Administration
Concept of Fair and Speedy Trial
Effect of Delay in Criminal Trial
Justice Delayed is Justice Denied
Concept of Adversarial System
Human Rights during Criminal Investigations
Chapter I Preliminary
Short title, extent and commencement
Definitions
(1)(a) "audio-video electronic means"
(1)(b) "bail"
(1)(d) "bail bond"
(1)(e) "bond"
(1)(c) "bailable offence"
(1)(f) "charge"
(1)(g) "cognizable offence"
(1)(o) "non-cognizable offence"
(1)(h) "complaint"
(1)(j) "High Court"
(1)(k) "inquiry"
(1)(l) "investigation"
(1)(m) "judicial proceeding"
(1)(n) "local jurisdiction"
(1)(p) "notification"
(1)(q) "offence"
(1)(r) "officer in charge of a police station"
(1)(s) "place"
(1)(t) "police report"
(1)(u) "police station"
(1)(v) "Public Prosecutor"
(1)(w) "sub-division"
(1)(x) "summons-case"
(1)(z) "warrant-case"
(1)(y) "victim"
Construction of references
Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
Saving
Chapter II Constitution of Criminal Courts and Offices
Classes of Criminal Courts
Territorial divisions
Court of Session
Courts of Judicial Magistrates
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
Special Judicial Magistrates
Local Jurisdiction of Judicial Magistrates
Subordination of Judicial Magistrates
Executive Magistrates
Special Executive Magistrates
Local Jurisdiction of Executive Magistrates
Subordination of Executive Magistrates
Public Prosecutors
Assistant Public Prosecutors
Directorate of Prosecution
Chapter III Power of Courts
Courts by Which offences are triable
Sentences which High Courts and Sessions Judges may pass
Sentences which Magistrates may pass
Sentence of Imprisonment in default of fine
Sentence in cases of conviction of several offences at one trial
Mode of conferring powers
Powers of officers appointed
Withdrawal of powers
Powers of Judges and Magistrates exercisable by their successors-in-office
Chapter IV Powers of Superior Officers of Police and Aid to the Magistrates and the Police
Powers of superior officers of police
Public when to assist Magistrates and police
Aid to person, other than police officer, executing warrant
Public to give information of certain offences
Duty of officers employed in connection with affairs of a village to make certain report
Chapter V Arrest of Persons
When police may arrest without warrant
Procedure of arrest and duties of officer making arrest
Designated Police Officer
Right of arrested person to meet an advocate of his choice during interrogation
Arrest on refusal to give name and residence
Arrest by private person and procedure on such arrest
Arrest by Magistrate
Protection of members of Armed Forces from arrest
Arrest how made
Search of place entered by person sought to be arrested
Pursuit of offenders into other jurisdictions
No unnecessary restraint
Person arrested to be informed of grounds of arrest and of right to bail
Obligation of person arresting to inform about arrest, etc., to relative or friend
Search of arrested person
Power to seize offensive weapons
Examination of accused by medical practitioner at request of police officer
Examination of person accused of rape by medical practitioner
Examination of arrested person by medical officer
Identification of person arrested
Procedure when police officer deputes subordinate to arrest without warrant
Health and safety of arrested person
Person arrested to be taken before Magistrate or officer in charge of police station
Person arrested not to be detained more than twenty-four hours
Police to report apprehensions
Discharge of person apprehended
Power, on escape, to pursue and retake
Arrest to be made strictly according to Sanhita
Chapter VI Processes to Compel Appearance
A. - Summons
Form of summons
Summons how served
Service of summons on corporate bodies, firms, and societies
Service when persons summoned cannot be found
Procedure when service cannot be effected as before provided