Court Procedure and Legal Awareness for Judiciary Staff · Chapter 4

Criminal Procedure Basics

What to remember

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. It has the same basic scheme: FIR, investigation, arrest, bail, charge sheet, trial, judgment. Old cases that started before that date are generally still run under the CrPC.
Offences are classed as cognizable or non-cognizable, and bailable or non-bailable. These classes decide whether police can arrest without a warrant and whether bail is a right.
The court office handles summons, warrants, bail papers, remand papers and the charge sheet. Careful dates and registers are the heart of the work.

Procedure law and substantive law

Substantive law says what is an offence and what is the punishment (Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code). Procedural law says how a case moves through police and court. The BNSS is the procedural law. The Bharatiya Sakshya Adhiniyam, 2023 is the law of evidence. Section numbers changed in the new laws. In the table below, the CrPC number is given for reference only.

Subject	BNSS 2023	CrPC 1973 (reference)
Information to police (FIR)	Section 173	Section 154
Arrest without warrant	Section 35	Section 41
Notice of appearance before police	Section 35(3)	Section 41A
Remand and detention in custody	Section 187	Section 167
Bail in bailable offences	Section 478	Section 436
Bail in non-bailable offences	Section 480	Section 437
Anticipatory bail	Section 482	Section 438
Special powers of High Court and Sessions Court on bail	Section 483	Section 439
Police report (charge sheet)	Section 193	Section 173
Cognizance by Magistrate	Section 210	Section 190

Check the latest official text before quoting a section in a legal note.

First Information Report (FIR)

An FIR is the first information about a cognizable offence given to the police, in writing or orally. If given orally, the officer writes it down and reads it back to the informant, who signs. The informant gets a free copy. Key points under the BNSS:

Information can also be given by electronic means. The informant must sign it within three days for it to be recorded.
Zero FIR: it can be registered at any police station, whatever the place of the offence, and then sent to the proper station.
For an offence punishable with three years or more but less than seven years, the police may hold a preliminary enquiry (within 14 days) with the permission of a senior officer before registering.
Police must inform the victim of the progress of the investigation within a fixed period (90 days).
If the police refuse to register an FIR, the informant can send the information to the Superintendent of Police, and can approach the Magistrate.

The FIR is not evidence of the facts. It is useful to support or challenge the person who gave it, and to show when the police first knew of the crime.

Cognizable and non-cognizable; bailable and non-bailable

Class	Police power	Examples (general idea)
Cognizable	May arrest without warrant and investigate without the Magistrate's order	Murder, rape, robbery, kidnapping
Non-cognizable	Cannot arrest without warrant; need the Magistrate's order to investigate	Simple hurt, defamation, public nuisance
Bailable	Bail is a right of the accused	Minor offences
Non-bailable	Bail is granted at the court's discretion	Serious offences

Offences are further grouped by the kind of trial: a summons case is one punishable with up to two years; a warrant case is punishable with death, life imprisonment or more than two years.

Arrest, summons and warrant

Arrest: the police officer must tell the person the reason, and for most offences punishable up to seven years the police should use a notice of appearance instead of arrest when arrest is not needed. An arrested person must be produced before the nearest Magistrate within 24 hours (excluding travel time). The family must be informed of the arrest.

Summons is a document asking a person to appear in court on a date. It is used mainly in summons cases and for witnesses. It is served by the police or a court officer, by registered post or by electronic means where allowed. If the person does not respond, a warrant can follow.

Warrant is a written order of the court to arrest a person. It is used for serious offences or when a person ignores summons. A bailable warrant lets the person go free on giving bail. A non-bailable warrant means the person must be arrested and produced before the court. The warrant is signed by the Magistrate, bears the court seal, and must name the person and the offence. It is handed to the police for execution and the return must be filed.

Document	Purpose	Nature
Summons	Calls the person to attend	Soft step, no arrest
Bailable warrant	Orders arrest, but bail on the spot	Middle step
Non-bailable warrant	Orders arrest and production	Strong step
Proclamation and attachment	Used against a person who absconds	Last step

Bail

Bail means release from custody on a promise to appear in court, with or without a surety.

Bailable offence: the police or the court must release the person who is ready to give bail.
Non-bailable offence: bail is at the court's discretion. The court looks at the nature of the offence, the evidence, the risk of fleeing or tampering with witnesses.
Anticipatory bail: a direction to release a person if arrested, sought by a person who fears arrest for a non-bailable offence. It is granted by the Sessions Court or the High Court.
Default (statutory) bail: if the police do not file the charge sheet within the time set (generally 60 or 90 days, depending on the offence), the accused gets a right to bail.
Bail for first offenders and long under-trials: a person who has been in custody for a long time may be released under the rule for under-trial prisoners (generally half of the maximum sentence; a first-time offender after one-third, under Section 479 BNSS; with other conditions).
Bail bond and surety: the signed undertaking of the accused and the surety. The staff must check identity, address proof and the surety's solvency documents as the Judge directs.

Bail conditions can include appearing at the police station and not leaving the area.

Remand and charge sheet

If the investigation cannot finish in 24 hours, the police ask the Magistrate to send the accused to police custody (up to 15 days in total) or judicial custody (jail). The Magistrate may refuse a remand order if the grounds are not shown.

After the investigation the police file a report in court under Section 193 (the charge sheet if enough evidence exists, or a final report if there is none). The charge sheet includes the name of parties, the nature of the information, the names of the witnesses, and whether the accused has been arrested or released. Documents are listed and attached. The Magistrate takes cognizance of the offence and the accused gets copies of all documents. If the Magistrate is not satisfied that a case is made out, the accused is discharged. Otherwise a charge is framed, read out and explained to the accused, and the trial begins.

The trial and the end

1. Charge framed. The accused pleads guilty or claims trial.
2. Prosecution evidence: examination, cross-examination.
3. Statement of the accused on the evidence against him or her.
4. Defence evidence.
5. Arguments.
6. Judgment: acquittal or conviction. After conviction, the court hears the accused on the sentence.

Under the BNSS the judgment must be given within 30 days after the arguments close, extendable to 45 days for recorded reasons, and charges are to be framed within 60 days from the first hearing on charge. Trial in the absence of an absconding accused is possible in specified cases.

Exam traps

Cognizable is about police power; bailable is about bail. They are separate pairs.
Summons is only a call; a warrant is an order to arrest.
Zero FIR can be filed at any station; it does not mean the FIR has no number.
Anticipatory bail is sought before arrest, not after.
Default bail depends on the charge sheet being filed late.
Charge sheet is the police report; the charge is framed by the court.
The FIR is not substantive evidence of the facts.
BNSS sections are different from CrPC sections; do not quote the old numbers for new cases.

One-liners

1. BNSS 2023 replaced the CrPC.
2. The new criminal laws came into force on 1 July 2024.
3. FIR is registered under Section 173 BNSS (CrPC 154).
4. An FIR copy is given free to the informant.
5. An arrested person must be produced before a Magistrate within 24 hours.
6. Anticipatory bail is Section 482 BNSS (CrPC 438).
7. Police report is Section 193 BNSS (CrPC 173).
8. Maximum police custody within a remand is 15 days.
9. A summons case is punishable with up to two years.
10. In a cognizable offence, police can arrest without a warrant.
11. In a bailable offence, bail is a right.
12. Default bail arises when the charge sheet is not filed in time.

Practice questions

The law that replaced the CrPC is the:
1. BNSS, 2023
2. BSA, 2023
3. CPC, 1908
4. BNS, 2023
Answer
A. BNSS, 2023
BNSS, 2023 replaced the CrPC.
The new criminal laws came into force on:
1. 1 January 2023
2. 26 January 2024
3. 1 July 2024
4. 15 August 2023
Answer
C. 1 July 2024
They came into force on 1 July 2024.
The first information about a cognizable offence given to the police is the:
1. FIR
2. Remand report
3. Warrant
4. Charge sheet
Answer
A. FIR
This is the First Information Report.
The FIR is registered under which section of the BNSS?
1. Section 187
2. Section 35
3. Section 193
4. Section 173
Answer
D. Section 173
Section 173 BNSS corresponds to CrPC Section 154.
The informant gets a copy of the FIR:
1. Free of cost
2. Only through a lawyer
3. Only after trial
4. On payment of a heavy fee
Answer
A. Free of cost
The informant gets a free copy.
A Zero FIR can be registered:
1. Only by the Magistrate
2. Only after a court order
3. Only at the station having jurisdiction
4. At any police station
Answer
D. At any police station
It is later sent to the proper station.
In a cognizable offence the police can:
1. Never investigate
2. Only issue summons
3. Only file a complaint
4. Arrest without warrant
Answer
D. Arrest without warrant
This is the meaning of cognizable.
In a non-cognizable offence the police need:
1. Magistrate's order to investigate
2. No order at all
3. High Court permission
4. Sessions Judge's order only
Answer
A. Magistrate's order to investigate
They need the Magistrate's order.
In a bailable offence bail is:
1. Allowed only after conviction
2. A right of the accused
3. At the sole discretion of the police
4. Never allowed
Answer
B. A right of the accused
Bail is a matter of right.
Which of these is a cognizable offence?
1. Public nuisance
2. Murder
3. Simple hurt
4. Simple defamation
Answer
B. Murder
Murder is cognizable and non-bailable.
A person arrested must be produced before the nearest Magistrate within:
1. 7 days
2. 12 hours
3. 24 hours
4. 48 hours
Answer
C. 24 hours
The limit is 24 hours excluding travel time.
A document calling a person to attend court on a date is a:
1. Remand
2. Proclamation
3. Summons
4. Warrant
Answer
C. Summons
Summons only calls the person to appear.
A written order of the court to arrest a person is a:
1. Summons
2. Warrant
3. FIR
4. Notice of appearance
Answer
B. Warrant
A warrant orders arrest.
A warrant that allows release on giving bail at arrest is a:
1. Search warrant
2. Death warrant
3. Bailable warrant
4. Non-bailable warrant
Answer
C. Bailable warrant
It allows release on bail.
Which is the strongest step against a person who ignores court orders?
1. Summons
2. Non-bailable warrant
3. Informal notice
4. Bailable warrant
Answer
B. Non-bailable warrant
A non-bailable warrant requires arrest and production.
Anticipatory bail is sought:
1. Only by the police
2. Before arrest
3. After conviction
4. After the charge sheet only
Answer
B. Before arrest
It is sought by a person who fears arrest.
Anticipatory bail under the BNSS is Section:
1. Section 480
2. Section 483
3. Section 478
4. Section 482
Answer
D. Section 482
Section 482 BNSS corresponds to CrPC 438.
Bail in a bailable offence is dealt with under BNSS Section:
1. 478
2. 482
3. 480
4. 187
Answer
A. 478
Section 478 BNSS corresponds to CrPC 436.
Remand and detention in custody are under BNSS Section:
1. 187
2. 193
3. 173
4. 210
Answer
A. 187
Section 187 BNSS corresponds to CrPC 167.
The police report after investigation is filed under BNSS Section:
1. 187
2. 482
3. 193
4. 173
Answer
C. 193
Section 193 BNSS corresponds to CrPC 173.
When the police find enough evidence they file a:
1. Zero FIR
2. Final report of no evidence
3. Anticipatory bail
4. Charge sheet
Answer
D. Charge sheet
Enough evidence leads to a charge sheet.
A police report stating no case is made out is called a:
1. Charge
2. Final report
3. Warrant
4. Decree
Answer
B. Final report
It is a final (closure) report.
Default bail arises when:
1. The charge sheet is not filed in time
2. The accused is old
3. The witness is absent
4. The FIR is oral
Answer
A. The charge sheet is not filed in time
Delay in the charge sheet gives a right to bail.
The maximum police custody in a remand is generally:
1. 60 days
2. 7 days
3. 15 days
4. 24 hours
Answer
C. 15 days
Police custody is up to 15 days.
A summons case is one punishable with imprisonment up to:
1. One year
2. Ten years
3. Seven years
4. Two years
Answer
D. Two years
Up to two years is a summons case.
A warrant case is one punishable with death, life or more than:
1. Ten years
2. Five years
3. Two years
4. Six months
Answer
C. Two years
More than two years makes it a warrant case.
The charge is framed by the:
1. Public Prosecutor
2. Police
3. Informant
4. Court
Answer
D. Court
The court frames the charge.
When a Magistrate takes note of an offence to start proceedings, it is called:
1. Execution
2. Cognizance
3. Extradition
4. Remand
Answer
B. Cognizance
Cognizance is taking judicial notice.
Which statements are correct? 1. A summons is an order to arrest. 2. A warrant is a written order to arrest.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
Summons only calls the person; warrant orders arrest.
Which statements are correct? 1. Zero FIR can be registered at any police station. 2. It is later transferred to the proper station.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. Anticipatory bail is sought after conviction. 2. It is sought by a person who fears arrest.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
Statement 1 is wrong.
Which statements are correct? 1. Cognizable offences allow arrest without warrant. 2. In bailable offences bail is a right.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. The BNSS has the same CrPC section numbers. 2. The BNSS replaced the CrPC.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
Numbers changed; statement 2 is correct.
Which statements are correct? 1. A Magistrate must be told of an arrest within 24 hours. 2. The family should be informed of the arrest.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. The charge sheet is the police report. 2. The charge is framed by the Magistrate or court.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Which statements are correct? 1. A final report means the police found no case. 2. A charge sheet means police found enough evidence.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are correct.
Match the pair: Cognizable is to police power as bailable is to:
1. Right to bail
2. Right to arrest
3. Right to appeal
4. Right to summon
Answer
A. Right to bail
Bailable relates to bail, a right of the accused.
The staff checks of a bail bond include:
1. Only the fee
2. Only the date
3. Nothing
4. Identity and address proof of surety
Answer
D. Identity and address proof of surety
The Judge may direct checks on surety documents.
If the police refuse to register an FIR, the informant can:
1. Do nothing
2. Only wait for six months
3. Send the information to the Superintendent of Police
4. Only go to the Supreme Court
Answer
C. Send the information to the Superintendent of Police
The informant can approach the SP and the Magistrate.
A proclamation and attachment is used against a person who:
1. Absconds
2. Gets bail
3. Pays a fine
4. Is acquitted
Answer
A. Absconds
It is a last step against an absconder.
After the trial, if the accused is found guilty the result is:
1. Acquittal
2. Discharge
3. Remand
4. Conviction
Answer
D. Conviction
Guilty finding is a conviction.
Which document gives the accused details of the allegations and witnesses after the police report?
1. Copies of the police report and documents
2. Only the FIR
3. Nothing
4. Only a warrant
Answer
A. Copies of the police report and documents
The accused is given copies of the report and documents.
An accused who claims trial means:
1. Applies for bail only
2. Absconds
3. Pleads not guilty and wants a trial
4. Pleads guilty
Answer
C. Pleads not guilty and wants a trial
Claiming trial means denying the charge.
Judicial custody means custody in:
1. Jail under the Magistrate's order
2. Private house
3. Court hall
4. Police lock-up
Answer
A. Jail under the Magistrate's order
It is custody in jail by order of the court.

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8.Which of the following Articles of the Indian Constitution deals with the procedure for impeachment of the President of India?
9.Which of the following Articles deals with the amendment procedure of the Constitution? (RRB NTPC (UG) CBT-I (18/08/2025) Shift 3)
10.Which of the following parts of the Indian Constitution outlines the powers and procedures of the Parliament? (RPF Constable 2024 (12/03/2025) Shift 2)

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