Section 2 BNSS | Bharatiya Nagarik Suraksha Sanhita (BNSS):
(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
Explore India’s first self paced judiciary coaching myjudix.com and get ahead with your judiciary preparation in a quick yet efficient manner. Contact us at myjudix.com to know more.
Section 3 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:
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.
Explore myjudix.com to get access to the most practical and efficient judiciary coaching in India with a separate customised course for prelims and separate customized course for mains.
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.
Explore India’s first self paced judiciary coaching myjudix.com and get ahead with your judiciary preparation in a quick yet efficient manner. Contact us at myjudix.com to know more.
Comments