BHARATIYA NAGARIK SURAKSHA SANHITA (PART 2) by Dr. Reena Kansal – 1st Edition 2025

Description

Bharatiya Nagarik Suraksha Sanhita, 2023

(Act No. 46 of 2023)

Remarkable Changes under BNSS (Chapter wise)

Chapter XVIII

The Charge

A.—Form of charges

234. Contents of charge
235. Particulars as to time, place and person
236. When manner of committing offence must be stated
237. Words in charge taken in sense of law under which offence is punishable
238. Effect of errors
239. Court may alter charge
240. Recall of witnesses when charge altered

B.—Joinder of charges

241. Separate charges for distinct offences
242. Offences of same kind within year may be charged together
243. Trial for more than one offence
244. Where it is doubtful what offence has been committed
245. When offence proved included in offence charged
246. What persons may be charged jointly
247. Withdrawal of remaining charges on conviction on one of several charges

Chapter XIX

Trial before a Court of Session

248. Trial to be conducted by Public Prosecutor
249. Opening case for prosecution
250. Discharge
251. Framing of charge
252. Conviction on plea of guilty
253. Date for prosecution evidence
254. Evidence for prosecution
255. Acquittal
256. Entering upon defence
257. Arguments
258. Judgment of acquittal or conviction
259. Previous conviction
260. Procedure in cases instituted under sub-section (2) of section 222

Chapter XX

Trial of Warrant-Cases by Magistrates

A.—Cases instituted on a police report

261. Compliance with section 230
262. When accused shall be discharged
263. Framing of charge
264. Conviction on plea of guilty
265. Evidence for prosecution
266. Evidence for defence

B.—Cases instituted otherwise than on police report

267. Evidence for prosecution
268. When accused shall be discharged
269. Procedure where accused is not discharged
270. Evidence for defence

C.—Conclusion of trial

271. Acquittal or conviction
272. Absence of complainant
273. Compensation for accusation without reasonable cause

Chapter XXI

Trial of Summons-Cases by Magistrates

274. Substance of accusation to be stated
275. Conviction on plea of guilty
276. Conviction on plea of guilty in absence of accused in petty cases
277. Procedure when not convicted
278. Acquittal or conviction
279. Non-appearance or death of complainant
280. Withdrawal of complaint
281. Power to stop proceedings in certain cases
282. Power of Court to convert summons-cases into warrant-cases

Chapter XXII

Summary Trials

283. Power to try summarily
284. Summary trial by Magistrate of second class
285. Procedure for summary trials
286. Record in summary trials
287. Judgment in cases tried summarily
288. Language of record and judgment

Chapter XXIII

Plea Bargaining

289. Application of Chapter
290. Application for plea bargaining
291. Guidelines for mutually satisfactory disposition
292. Report of mutually satisfactory disposition to be submitted before Court
293. Disposal of case
294. Judgment of Court
295. Finality of judgment
296. Power of Court in plea bargaining
297. Period of detention undergone by accused to be set off against sentence of imprisonment
298. Savings
299. Statements of accused not to be used
300. Non-application of Chapter

Chapter XXIV

Attendance of Persons Confined or Detained in Prisons

301. Definitions
302. Power to require attendance of prisoners
303. Power of State Government or Central Government to exclude certain persons from operation of section 302
304. Officer in charge of prison to abstain from carrying out order in certain contingencies
305. Prisoner to be brought to Court in custody
306. Power to issue commission for examination of witness in prison

Chapter XXV

Evidence in Inquiries and Trials

A.—Mode of taking and recording evidence

307. Language of Courts
308. Evidence to be taken in presence of accused
309. Record in summons-cases and inquiries
310. Record in warrant-cases
311. Record in trial before Court of Session
312. Language of record of evidence
313. Procedure in regard to such evidence when completed
314. Interpretation of evidence to accused or his advocate
315. Remarks respecting demeanour of witness
316. Record of examination of accused
317. Interpreter to be bound to interpret truthfully
318. Record in High Court

B.—Commissions for the examination of witnesses

319. When attendance of witness may be dispensed with and commission issued
320. Commission to whom to be issued
321. Execution of commissions
322. Parties may examine witnesses
323. Return of commission
324. Adjournment of proceeding
325. Execution of foreign commissions
326. Deposition of medical witness
327. Identification report of Magistrate
328. Evidence of officers of Mint
329. Reports of certain Government scientific experts
330. No formal proof of certain documents
331. Affidavit in proof of conduct of public servants
332. Evidence of formal character on affidavit
333. Authorities before whom affidavits may be sworn
334. Previous conviction or acquittal how proved