BHARATIYA NAGARIK SURAKSHA SANHITA AND LAW OF JUVENILE JUSTICE
Kakatiya University · LL.B. Semester 5 · P-II
Unit I
Introduction to Criminal Procedure · Object, extent and scope of The Bharatiya Nagarik Suraksha Sanhita, 2023 · Nature of Criminal Procedure · Preliminary Considerations · Constitution of Criminal Courts, their Powers and Functionaries under the Sanhita · The Organization of Police, Prosecutor and Defence Counsel · Classification of Offences as Cognizable and Non-cognizable Offences, Warrant and Summons Cases · Pre-trial Proceedings · General Observations · The importance of fair trial · Constitutional Perspectives : Articles 14, 20, 21 and 22 · Pre-trial Proceedings · Steps to ensure presence of accused at trial under Sanhita · Summons to the accused and its service · Arrest with and without Warrant · Mode of execution of Warrant · proclamation for person Absconding · Rights of arrested persons under Sanhita and under the Constitution of India
- Object Purpose and History of the Criminal Procedure Code
- Definitions — Section 2
- Constitution and Powers of Criminal and Executive Courts — Section 6 to 35
- Powers of Superior Officers of Police — Section 36
- Arrest of Persons — Section 41 to 60
- Process to Compel Appearance and Production of Things and Reciprocal Arrangements Sections 61 to 105L
Unit II
Pre-trial Proceedings · Search and Seizure · Search with and without warrant · Police search during Investigation · General Principles of Search · Seizure · Constitutional aspects of validity of Search and Seizure proceedings · Information to Police and their power to Investigate under Sanhita · Meaning and purpose of Investigation · Who can investigate? · When police can investigate? · Information to the police · F.I.R. and procedure after the recording of the F.I.R · Statements to Police and Evidentiary value of Statements made to the police · Power of Judicial Magistrate to record Confessions and Statements · Procedure when Investigation cannot be completed in 24 hours · Charge Sheet and its Contents · Investigation in the case of unnatural deaths and suicides, in police custody etc
Unit III
Jurisdiction of Criminal Courts in Inquiries and Trials under Sanhita · Basic rule regarding place of Inquiry and Trial and exceptions · Cognizance of Offences by Magistrates · Limitation on the Power to take Cognizance · Commencement of Proceedings before Magistrates · Scrutiny of the Complaint and Dismissal of Complaint · Trial Procedure · Principal features of Fair Trial · Pleas of Autrefois Acquit and Autrefois Convict · Disposal of Criminal Cases without Full Trial · Criminal proceeding bared by Limitation of time · Bail · Object and Meaning · Bailable and Non-bailable Offences · Cancellation of Bails · Anticipatory Bail · General Principles concerning Bail Bond · Charge · Form and content of Charge · Basic rule regarding Charge and its trial · Exceptions to Basic rule
Unit IV
Trial Procedures · Trial before a Court of Session · Trial of Warrant cases by Magistrate · Procedure for Trial in a Summons Case · Summary Trials · Plea Bargaining · Judgment · Form and content · Modes of Pronouncing Judgment · Order to pay Compensation · Victim Compensation Scheme · Post-conviction Orders in lieu of punishment · Probation of Offenders · Appeal · Object and Scope · Powers of Appellate Court · Abatement of Appeals · Revision · Object and Scope · Powers of Revisional Court · Reference · Execution, Suspension, Remission and Commutation of sentences under Sanhita
Unit V
Maintenance of Wives, Children and Parents under Sanhita · Essential conditions for granting Maintenance · Alteration and Cancellation of the order of the Maintenance · Preventive and Precautionary measures under Sanhita · Security for Keeping the Peace and for Good Behaviour · Maintenance of Public Order and Tranquility · Dispersal of Unlawful Assemblies · Juvenile Justice (Care & Protection of Children) Act, 2015 · Recent Amendments · General Principles of Care and Protection of Children · Procedure in relation to Children in Conflict With Law · Procedure in relation to children in Need of Care and Protection · Rehabilitation and Social Re- Integration · Adoption of Children under the Act. Note: Subject teacher shall make comparative analysis of BNSS, 2023 and Cr.P.C, 1973 wherever required