Criminal Procedure: BNSS 2023 with CrPC Mapping, Trial Stages, Bail and Appeals

What to remember

• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) and came into force on 1 July 2024, together with the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA). Cases that began before that date continue under the older Code.
• Criminal procedure moves in a fixed order: information, investigation, cognizance, charge, trial, judgment, then appeal or revision.
• Bail is the rule for bailable offences, and a court's discretion for non-bailable ones. Default bail is a right when the police fail to file the charge-sheet within the time fixed by law.

1. Why the BNSS was made, and what is new

The BNSS keeps the structure of the CrPC but adds timelines and technology.

• Technology: electronic filing of information (e-FIR), electronic service of summons, audio-video recording of search and seizure, and evidence and examination by electronic means.
• Zero FIR: an FIR may be registered at any police station irrespective of area and then transferred.
• Timelines: the police must inform the victim about progress of investigation within a fixed time; charges are to be framed within a fixed period after the first hearing; judgment is to be delivered within a fixed period after the end of arguments.
• Forensics: a forensic expert visiting the scene is mandatory in cases of serious offences (offences with punishment of seven years or more).
• Trial in absentia: a proclaimed offender may be tried in his absence after due procedure.
• Community service: it is introduced as a form of punishment for petty offences (under the BNS).
• Police custody: the total of up to 15 days may be sought in parts within the first 40 or 60 days of the detention period.
• Attachment and forfeiture of proceeds of crime is expressly provided.
• Victim: greater place for victim rights, and witness protection schemes.

2. CrPC to BNSS mapping (most examined)

Only the better-known provisions are mapped; confirm other numbers with the text of the BNSS.

3. Courts and their powers

• Courts: Supreme Court and High Court, Courts of Session, Chief Judicial Magistrate and Judicial Magistrates of the First Class (and Second Class), and Executive Magistrates for preventive and certain order-keeping tasks.
• Sentencing powers of Magistrates (general idea): Judicial Magistrate First Class: imprisonment up to three years, fine up to a limit set by the Code; Chief Judicial Magistrate: imprisonment up to seven years; Sessions Judge: any sentence authorised by law, but a death sentence must be confirmed by the High Court.
• Classification of offences: cognizable (police may arrest without warrant and investigate without Magistrate's order) and non-cognizable; bailable and non-bailable; compoundable (parties may settle) and non-compoundable.

4. Stages from FIR to trial

• 1. Information and FIR (Section 173): oral or written, including electronic. In cognizable offences the police must register. For certain offences against women, the information is recorded by a woman officer. A copy is given free to the informant. For offences punishable with three years or more but less than seven years, a preliminary inquiry may be made within a short fixed period with permission of the senior officer.
• 2. Investigation: by the police under Chapter XIII. The police may examine witnesses, search, seize, and arrest. A statement to the police is not signed by the witness and cannot be used as evidence except for contradiction.
• 3. Arrest and remand: a person arrested must be produced before the Magistrate within 24 hours (excluding travel time). Detention beyond that needs the Magistrate's order under Section 187.
• 4. Police report (charge-sheet, Section 193): filed at the end of investigation. If no case is made out, a closure (final) report is filed.
• 5. Cognizance (Section 210): the Magistrate takes notice of an offence on a complaint, a police report, or his own knowledge or information from any person.
• 6. Commitment: a Magistrate cannot try a case triable only by the Court of Session; he commits it to that court.
• 7. Discharge or charge: the court hears the prosecution and the accused. If the material shows no ground, the accused is discharged; if there is ground, a charge is framed in writing and read to the accused, who is asked if he pleads guilty.
• 8. Trial: prosecution evidence, then examination of the accused (Section 351), then defence evidence, final arguments and judgment.

5. Kinds of trial

Sessions trial steps (in order): opening by the prosecutor, framing of charge, evidence of the prosecution, examination of the accused, hearing on acquittal, defence evidence, arguments, judgment. If the accused is convicted, a hearing on sentence is held. If he is acquitted and the court records it, the accused is released.

Judgment is delivered in open court, in the language of the court, and is signed and dated. Under the BNSS the judgment is to be pronounced within 45 days of the end of arguments, and is to be uploaded within a short period.

6. Bail

Bail is the release of an accused on security, to ensure that he appears before the court when required.

Default bail periods: 90 days where the offence carries death, life imprisonment or imprisonment of ten years or more; 60 days for other offences. The right arises only if the accused applies and is ready to furnish bail before the charge-sheet is filed.

Important points:

• Bail is the rule, jail the exception is a settled principle of the courts.
• Undertrials: a first-time offender who has undergone one-third of the maximum sentence may be released on bond; others after half the maximum (Section 479); this does not apply to offences punishable with death or life imprisonment.
• Surety and bond: a personal bond may be taken without surety for a poor accused.
• Cancellation: bail can be cancelled if the accused misuses the liberty, tampers with evidence, or threatens witnesses.
• Conditions: the court may impose conditions such as appearing before the police, surrendering the passport, and not leaving the jurisdiction.

7. Appeals, revision and inherent powers

Limits on appeal: no appeal where the accused pleads guilty and is convicted, except as to legality or extent of sentence; no appeal in petty cases where the sentence is small.

Revision vs appeal: revision is supervisory; the court looks at the record for illegality, and cannot convert an acquittal into a conviction.

8. Summons, warrants and miscellaneous

• Summons calls a person to appear; warrant orders arrest and may be bailable or non-bailable.
• Proclamation and attachment are used against an absconder; a proclaimed offender may be tried in absentia.
• Search: search is done in the presence of two independent witnesses, with audio-video recording, and a list of things seized is prepared.
• Section 144 of the BNSS deals with maintenance of wife, children and parents, while Section 163 deals with orders in urgent cases of nuisance or apprehended danger.
• Victim compensation: the State must have a victim compensation scheme.
• Limitation for cognizance exists for minor offences (for example, six months for offences punishable only with fine).

Exam traps

• CrPC 154 vs BNSS 173: FIR provision moved from 154 to 173.
• CrPC 41 vs BNSS 35: arrest without warrant.
• CrPC 482 vs BNSS 528: inherent powers of the High Court.
• Anticipatory bail: it is bail before arrest, under Section 482 of the BNSS.
• Default bail vs ordinary bail: default bail is a right on failure to file the charge-sheet in time; ordinary bail is discretionary.
• Warrant case vs summons case: a warrant case is for offences above two years; a summons case up to two years.
• Revision vs appeal: revision is supervisory.
• Section 144: in the CrPC it was the power for urgent orders; in the BNSS Section 144 is maintenance and urgent-case orders are in Section 163.

One-liners

• 1. The BNSS came into force on 1 July 2024.
• 2. The BNSS replaced the Code of Criminal Procedure, 1973.
• 3. FIR is Section 173 of the BNSS.
• 4. Arrest without warrant is Section 35 of the BNSS.
• 5. An arrested person must be produced before a Magistrate within 24 hours.
• 6. Section 187 of the BNSS deals with detention and remand.
• 7. Anticipatory bail is Section 482 of the BNSS.
• 8. Inherent powers of the High Court are in Section 528 of the BNSS.
• 9. Default bail needs 90 days for serious offences and 60 days for others.
• 10. A death sentence needs confirmation by the High Court.
• 11. Zero FIR can be registered at any police station.
• 12. Trial in absentia is allowed for proclaimed offenders.

Practice questions

1. The BNSS replaced which law?

   1. Code of Criminal Procedure, 1973
   2. Indian Evidence Act
   3. Indian Penal Code
   4. Civil Procedure Code
   Answer

   A. Code of Criminal Procedure, 1973

   BNSS replaced the CrPC.

2. The BNSS came into force on

   1. 15 August 2023
   2. 1 July 2024
   3. 26 January 2024
   4. 1 January 2023
   Answer

   B. 1 July 2024

   It came into force on 1 July 2024.

3. Which section of the BNSS deals with registration of the FIR?

   1. 210
   2. 190
   3. 173
   4. 154
   Answer

   C. 173

   FIR is Section 173 of the BNSS (CrPC 154).

4. Arrest without warrant is Section ___ of the BNSS.

   1. 35
   2. 41
   3. 57
   4. 173
   Answer

   A. 35

   CrPC 41 corresponds to BNSS 35.

5. Anticipatory bail is provided in BNSS Section

   1. 478
   2. 482
   3. 480
   4. 528
   Answer

   B. 482

   CrPC 438 corresponds to BNSS 482.

6. The inherent powers of the High Court are in BNSS Section

   1. 482
   2. 483
   3. 438
   4. 528
   Answer

   D. 528

   CrPC 482 corresponds to BNSS 528.

7. An arrested person must be produced before a Magistrate within

   1. 24 hours
   2. 12 hours
   3. 48 hours
   4. 72 hours
   Answer

   A. 24 hours

   Within 24 hours excluding travel time.

8. Which BNSS section deals with detention and remand beyond 24 hours?

   1. 351
   2. 187
   3. 173
   4. 193
   Answer

   B. 187

   CrPC 167 corresponds to BNSS 187.

9. Police report (charge-sheet) is filed under BNSS Section

   1. 173
   2. 210
   3. 193
   4. 251
   Answer

   C. 193

   CrPC 173 corresponds to BNSS 193.

10. Cognizance of offences by a Magistrate is in BNSS Section

    1. 351
    2. 478
    3. 173
    4. 210
    Answer

    D. 210

    CrPC 190 corresponds to BNSS 210.

11. A FIR that can be registered at any police station irrespective of jurisdiction is called

    1. Blank FIR
    2. Zero FIR
    3. Second FIR
    4. Cross FIR
    Answer

    B. Zero FIR

    Zero FIR is then transferred.

12. Examination of the accused by the court is in BNSS Section

    1. 313
    2. 161
    3. 180
    4. 351
    Answer

    D. 351

    CrPC 313 corresponds to BNSS 351.

13. Under BNSS, maintenance of wives, children and parents is in Section

    1. 144
    2. 187
    3. 125
    4. 163
    Answer

    A. 144

    CrPC 125 corresponds to BNSS 144.

14. Orders in urgent cases of nuisance or apprehended danger are in BNSS Section

    1. 144
    2. 173
    3. 163
    4. 193
    Answer

    C. 163

    CrPC 144 corresponds to BNSS 163.

15. Bail in bailable offences is a

    1. Right of the accused
    2. Favour of the police
    3. Reward for good conduct
    4. Matter for the Governor
    Answer

    A. Right of the accused

    Bail is a right in bailable offences.

16. Bail in non-bailable offences is

    1. Granted by the Collector
    2. A matter of the court's discretion
    3. A matter of right
    4. Not available
    Answer

    B. A matter of the court's discretion

    The court exercises discretion.

17. Default (statutory) bail arises when

    1. The witness is absent
    2. The accused is poor
    3. The police fail to complete investigation in the time set by law
    4. The judge is on leave
    Answer

    C. The police fail to complete investigation in the time set by law

    The right arises if the charge-sheet is not filed in time.

18. Default bail period for offences punishable with death, life or 10 years or more is

    1. 60 days
    2. 30 days
    3. 180 days
    4. 90 days
    Answer

    D. 90 days

    It is 90 days; 60 days for others.

19. Which offences are cognizable?

    1. Those compounded in court
    2. Those tried by juries
    3. Those in which police can arrest without a warrant
    4. Those only for fines
    Answer

    C. Those in which police can arrest without a warrant

    Cognizable offences allow arrest without warrant.

20. A death sentence passed by a Sessions Court must be

    1. Not confirmed
    2. Confirmed by the Collector
    3. Confirmed by the Governor
    4. Confirmed by the High Court
    Answer

    D. Confirmed by the High Court

    Confirmation by the High Court is required.

21. A summons case relates to offences punishable with

    1. Up to two years
    2. More than two years
    3. Life only
    4. Death only
    Answer

    A. Up to two years

    Summons cases are for offences up to two years.

22. A warrant case relates to offences punishable with

    1. Death, life or more than two years
    2. Up to six months
    3. Fine only
    4. Up to one year only
    Answer

    A. Death, life or more than two years

    Warrant cases involve offences above two years.

23. A Judicial Magistrate First Class can pass imprisonment up to

    1. Ten years
    2. Three years
    3. Seven years
    4. One year
    Answer

    B. Three years

    JMFC's power is up to three years.

24. A Chief Judicial Magistrate can pass imprisonment up to

    1. Five years
    2. Death
    3. Three years
    4. Seven years
    Answer

    D. Seven years

    CJM's power is up to seven years.

25. Which is a new feature of the BNSS?

    1. Trial without courts
    2. Abolition of FIR
    3. Audio-video recording of search and seizure
    4. Abolition of bail
    Answer

    C. Audio-video recording of search and seizure

    The BNSS requires audio-video recording of search.

26. Trial in absentia under the BNSS is possible for

    1. Complainants
    2. Proclaimed offenders
    3. Witnesses
    4. Every accused
    Answer

    B. Proclaimed offenders

    Proclaimed offenders may be tried in absentia after due procedure.

27. Statement 1: Anticipatory bail is a direction to release on bail before arrest. Statement 2: It can be granted by the High Court and the Court of Session.

    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.

28. Statement 1: Default bail is a matter of discretion. Statement 2: Default bail arises on failure to file the charge-sheet in time.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Default bail is a right; 2 is correct.

29. Statement 1: A statement to the police in investigation is signed by the witness. Statement 2: It can be used to contradict the witness.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The statement is not signed; it may be used to contradict.

30. Statement 1: A Magistrate cannot try an offence triable only by the Court of Session. Statement 2: He commits such a case to the Sessions 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.

31. Statement 1: The BNSS applies to all cases pending before 1 July 2024 as if they began afresh. Statement 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

    Earlier proceedings continue under the old Code; 2 is correct.

32. Match the pair: revision under the BNSS is Section

    1. 438
    2. 528
    3. 419
    4. 415
    Answer

    A. 438

    CrPC 397 corresponds to BNSS 438.

33. Match the pair: appeal from conviction is Section

    1. 419
    2. 478
    3. 438
    4. 415
    Answer

    D. 415

    CrPC 374 corresponds to BNSS 415.

34. Match the pair: appeal against acquittal is Section

    1. 415
    2. 173
    3. 482
    4. 419
    Answer

    D. 419

    CrPC 378 corresponds to BNSS 419.

35. Match the pair: compounding of offences is in BNSS Section

    1. 359
    2. 210
    3. 173
    4. 480
    Answer

    A. 359

    CrPC 320 corresponds to BNSS 359.

36. A woman complains of a cognizable offence. The police refuse to register an FIR. Under the Code the first step is to

    1. Send the information in writing to the Superintendent of Police
    2. Withdraw the complaint
    3. Wait for a year
    4. Approach the Supreme Court directly
    Answer

    A. Send the information in writing to the Superintendent of Police

    Information may be sent to the senior officer, then to a Magistrate if needed.

37. Police failed to file the charge-sheet for an offence punishable with 7 years in 60 days. The accused ready to furnish bail is entitled to

    1. Nothing
    2. Default bail
    3. Death sentence
    4. Anticipatory bail only
    Answer

    B. Default bail

    For offences below 10 years, default bail arises after 60 days.

38. A person fears arrest in a false case and approaches the Sessions Court before arrest. He seeks

    1. Default bail
    2. Probation
    3. Anticipatory bail
    4. Compounding
    Answer

    C. Anticipatory bail

    This is the purpose of anticipatory bail.

39. Which of the following is NOT a stage in a sessions trial?

    1. Examination of the accused
    2. Framing of charge
    3. Prosecution evidence
    4. Ex parte decree
    Answer

    D. Ex parte decree

    An ex parte decree belongs to civil procedure.

40. A High Court quashing an FIR to prevent abuse of process acts under

    1. BNSS Section 173
    2. BNSS Section 144
    3. BNSS Section 35
    4. BNSS Section 528
    Answer

    D. BNSS Section 528

    Inherent powers are in Section 528.

41. A first-time offender who has served one-third of the maximum sentence as an undertrial may be released on bond under

    1. BNSS Section 479
    2. BNSS Section 35
    3. BNSS Section 173
    4. BNSS Section 144
    Answer

    A. BNSS Section 479

    Section 479 corresponds to CrPC 436A.

42. Which of the following can compel the attendance of an accused when the police cannot find him?

    1. A Lok Adalat award
    2. A caveat
    3. A proclamation and warrant
    4. A civil decree
    Answer

    C. A proclamation and warrant

    Warrants and proclamations compel attendance.

43. A forensic expert's visit to the crime scene is mandatory for offences punishable with

    1. Fine
    2. Any minor offence
    3. Seven years or more
    4. Three months
    Answer

    C. Seven years or more

    The Code requires it for serious offences with seven years or more.

44. Which of the following is NOT an offence classification under the Code?

    1. Compoundable and non-compoundable
    2. Bailable and non-bailable
    3. Cognizable and non-cognizable
    4. Civil and decreed
    Answer

    D. Civil and decreed

    Civil and decreed is not an offence classification.

45. Revision by the High Court under the Code is

    1. An appellate hearing of facts
    2. A supervisory power over the record's legality
    3. A writ
    4. A power to convict after acquittal
    Answer

    B. A supervisory power over the record's legality

    Revision tests legality or propriety on the record.