BNSS Sec 355 – Provision for inquiries and trial being held in absence of accused in certain cases

Posted on July 17, 2024 by ShadesOfKnife

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 529 – Duty of High Court to exercise continuous superintendence over Courts

Posted on June 27, 2024 by ShadesOfKnife

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)

Posted on June 27, 2024 by ShadesOfKnife

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.

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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BNSS Sec 147 – Enforcement of order of maintenance

Posted on June 8, 2024 by ShadesOfKnife

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

Posted on June 8, 2024 by ShadesOfKnife

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.

BNSS Sec 145 – Procedure

Posted on June 8, 2024 by ShadesOfKnife

145. Procedure
(1) Proceedings under section 144 may be taken against any person in any district—
(a) where he is; or
(b) where he or his wife resides; or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or
(d) where his father or mother resides.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.

Note: Now any child (not just minor) can initiate maintenance proceedings in the district where his father or mother resides…

BNSS Sec 144 is here. BNSS Sec 146 is here. BNSS Sec 147 is here.

Entire Sanhita available here.

BNSS Sec 144 – Order for maintenance of wives, children and parents

Posted on June 8, 2024 by ShadesOfKnife

144. Order for maintenance of wives, children and parents:-
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Note:
Major difference between this section and Sec 125 CrPC is that, All traces of the word ‘minor‘ including the definition given for this word under Explanation of Sec 125(1) CrPC are removed in BNSS Sec 144 leading to the consequence that, now a major child also can claim maintenance, if he/she/it is unable to maintain themselves.

BNSS Sec 145 is here.

Entire Sanhita available here.

Maintenance Judgments under Section 125 CrPC [Section 144 BNSS] are here.

BNSS Sec 258 – Judgment of acquittal or conviction

Posted on June 1, 2024 by ShadesOfKnife

258. Judgment of acquittal or conviction.—
(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.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

CrPC 235. Judgment of acquittal or conviction.—
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Entire Sanhita available here.

BNSS Sec 254 – Evidence for prosecution

Posted on June 1, 2024 by ShadesOfKnife

254. Evidence for prosecution.—
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

CrPC 231. Evidence for prosecution.—
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Entire Sanhita available here.

BNSS Sec 251 – Framing of charge

Posted on June 1, 2024 by ShadesOfKnife

251. Framing of charge.—
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(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.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

CrPC 228. Framing of charge.—
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

BNSS Sec 250 – Discharge is here.

Entire Sanhita available here.

Shades of Knife

True Colors of a Vile Wife

Tag: Enhancement in BNSS 2023 over CrPC 1973

BNSS Sec 355 – Provision for inquiries and trial being held in absence of accused in certain cases

BNSS Sec 529 – Duty of High Court to exercise continuous superintendence over Courts

Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile CrPC 1973)

BNSS Sec 147 – Enforcement of order of maintenance

BNSS Sec 146 – Alteration in allowance

BNSS Sec 145 – Procedure

BNSS Sec 144 – Order for maintenance of wives, children and parents

BNSS Sec 258 – Judgment of acquittal or conviction

BNSS Sec 254 – Evidence for prosecution

BNSS Sec 251 – Framing of charge