The Gazette of the BNSS, 2023 is here. The following is a list of BNSS sections, frequently used by me.
Some helpful tips against Police atrocities or Judicial Overactions are here and here. Just in case.
- BNSS Sec 72 – Form of warrant of arrest and duration
- BNSS Sec 144 – Order for maintenance of wives, children and parents
- BNSS Sec 145 – Procedure
- BNSS Sec 146 – Alteration in allowance
- BNSS Sec 147 – Enforcement of order of maintenance
- BNSS Sec 228 – Magistrate may dispense with personal attendance of accused
- BNSS Sec 250 – Discharge
- BNSS Sec 251 – Framing of charge
- BNSS Sec 254 – Evidence for prosecution
- BNSS Sec 258 – Judgment of acquittal or conviction
- BNSS Sec 355 – Provision for inquiries and trial being held in absence of accused in certain cases
- BNSS Sec 438 – Calling for records to exercise powers of revision
- BNSS Sec 528 – Saving of inherent powers of High Court
- BNSS Sec 529 – Duty of High Court to exercise continuous superintendence over Courts
Some “Sections of Interest” to me because they have time limits prescribed in them… Now the difficult task ahead of me is to get them invoked at ALL appropriate stages of ALL cases.
- BNSS 173(1)(ii) : Sign the complaint within 3 days from date of giving complaint electronically
- BNSS 173(3)(i) : Conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter, within a period of fourteen days;
- BNSS 187(3)(i) : no Magistrate shall authorise the detention of the accused person for a total period exceeding ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;
- BNSS 187(3)(ii) : no Magistrate shall authorise the detention of the accused person for a total period exceeding sixty days, where the investigation relates to other offence;
- BNSS 193(3)(i) : the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim;
- BNSS 193(9)Proviso : Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.
- BNSS 218(1)(b) 2nd Proviso : Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government
- BNSS 230 : In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost of Challan
- BNSS 232 : Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:
- BNSS 250(1) : The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232.
- BNSS 251(1)(b) : is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
- BNSS 258(1) : After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.
- BNSS 262(1) : The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
- BNSS 263(1) : he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
- BNSS 272 : When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
- BNSS 279(1) : If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
- BNSS 330(1) : Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply:
- BNSS 356(1) : Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person,
- Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge.
- BNSS 356(2) : The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely: —
(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days;
(ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; - BNSS 392(1) : The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates
- BNSS 392(4) : Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost:
- Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment.
If tabular-format is needed, the following can help… (not my creation!)
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