63. Admissibility of electronic records.—
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or Communication device in the ordinary course of the said activities.
(3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether—
(a) in standalone mode; or
(b) on a computer system; or
(c) on a computer network; or
(d) on a computer resource enabling information creation or providing information processing and storage; or
(e) through an intermediary,
all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.
(5) For the purposes of this section,—
(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).
Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments
BNSS Sec 355 – Provision for inquiries and trial being held in absence of accused in certain cases
355 – Provision for inquiries and trial being held in absence of accused in certain cases
(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means.
Note: Take full advantage of the explanation and make your client appear virtually.
Code is changed to Sanhita and Pleader is changed to Advocate.
BNSS Sec 228 – Magistrate may dispense with personal attendance of accused is here. Entire BNSS is here.
BNSS Sec 72 – Form of warrant of arrest and duration
72. Form of warrant of arrest and duration.—
(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
The Entire Sanhita is here.
BNSS Sec 529 – Duty of High Court to exercise continuous superintendence over Courts
529. Duty of High Court to exercise continuous superintendence over Courts.
Every High Court shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates.
Note: Earlier Section 483 of Cr.P.C. allowed a High Court to have Duty of High Court to exercise continuous superintendence over only Judicial Magistrates but now in BNSS, that duty covers Courts of Sessions too…
Entire Sanhita available here.
Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile CrPC 1973)
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!)
202401290404034810288SpecificTimeLinesBNSS Sec 528 – Saving of inherent powers of High Court
528. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Entire Sanhita available here.
BNSS Sec 438 – Calling for records to exercise powers of revision
438. Calling for records to exercise powers of revision
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Entire Sanhita available here.
BNSS Sec 228 – Magistrate may dispense with personal attendance of accused
228. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
Note: Only ‘pleader’ word is replaced with ‘advocate’ in subsection 2.
Corresponding provision in CrPC is here.
Entire Sanhita available here.
BNSS Sec 147 – Enforcement of order of maintenance
147. Enforcement of order of maintenance
A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
Note: No changes at all
BNSS Sec 144 is here. BNSS Sec 145 is here. BNSS Sec 146 is here.
Entire Sanhita available here.
BNSS Sec 146 – Alteration in allowance
146. Alteration in allowance.
(1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.
(2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,—
(i) in the case where such sum was paid before such order, from the date on which such order was made;
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance
of the said order.
Note: No changes at all
BNSS Sec 144 is here. BNSS Sec 145 is here. BNSS Sec 147 is here.
Entire Sanhita available here.
