Law of Crimes – Paper II – The Bharatiya Nagarik Suraksha Sanhita
University of Kerala · LL.B. Semester 3 · Paper II
Unit I
Definitions · Constitution of criminal courts and offices · Court of Session · Courts of judicial magistrates · Executive magistrates · special executive magistrates · Public prosecutors · Assistant Public Prosecutors · Directorate of Prosecution · Power of courts · Powers of Superior Officers of Police and aid to the Magistrates and the Police
Unit II
Arrest of Persons · When police may arrest without warrant · procedure of arrest and duties of officer making arrest · rights of arrested persons · arrest on refusal to give name and residence · arrest by private person · arrest by Magistrate · arrest how made · Search of place entered by person sought to be arrested · Search of arrested person · Examination of accused by medical practitioner at the request of police officer · Examination of persons accused of rape by medical practitioner Identification of person arrested · Persons arrested not to be detained more than 24 hours · process to compel appearance · Summons · Warrant of arrest · C Proclamation and attachment · Other rules regarding process · Process to compel the production of things · Summons to produce · Search warrants · General provisions relating to searches · Miscellaneous · Recording of search and seizure through audio-video electronic means · Reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property · Assistance in securing transfer of persons · Assistance in relation to orders of attachment or forfeiture of property · Management of properties seized or forfeited · Forfeiture of properties in certain cases · Security for keeping the peace and for good behavior · Security for keeping peace on conviction · Security for good behavior from persons disseminating certain mattersSecurity for good behavior from habitual offenders · Security for good behavior from suspected persons · Order for maintenance of wives, children and parents · procedure- alteration in allowance- enforcement of order of maintenance · Maintenance of public order and tranquility · Unlawful assemblies · Public nuisances · Urgent Cases of nuisance or apprehended danger · Disputes as to immovable property · Preventive action of police · Police to prevent cognizable offences · Arrest to prevent commission of cognizable offences
Unit III
Information to the police and their powers to investigate · Information in cognizable cases- information as to non- cognizable cases and investigation in such cases · Police officer’s powers to investigate cognizable cases · Procedure for investigation · Police officer’s power to require attendance of witnesses · Examination of witnesses by police · Recording of confessions and statements · Medical examination of victims of rape --search by police officer · Diary of proceedings in investigation · Report of police officer on completion of investigation · Police to enquire and report on suicide etc · Inquiry by Magistrate into cause of death · Jurisdiction of the criminal courts in inquiries and trials · Ordinary place of inquiry and trial · Place of trial in case of certain offences- offences committed outside India · Conditions requisite for initiation of proceedings · Cognizance of offence by Magistrate · Cognizance of offences by Court of Sessions · Prosecution of Judges and Public Servants Prosecution of cases against marriage · Prosecution for defamation, Complaints to Magistrates · Examination of complainant · Dismissal of complaint-Commencement of proceedings before Magistrate · Issue of process · Supply to accused copy of police report and other documents- commitment of case to court of sessions · When offence is triable exclusively by it · The charge · Contents of charge- court may alter charge- separate charge for distinct offences · Trial for more than one offence · Who all may be charged jointly · Trial before a Court of Sessions · Opening case for prosecution · Discharge · Framing of charge · Conviction on plea of guilty · Evidence for prosecution · AcquittalEntering upon defence · Arguments · Judgment of acquittal or conviction · Trial of warrant cases by Magistrate · Cases instituted on a police report- cases instituted otherwise than on police report- acquittal or conviction · Trial of Summons cases by Magistrate · Substance of accusation to be stated · Conviction on plea of guilty Procedure when not convicted- acquittal or conviction · Summary Trials · Power to try summarily · Procedure for summary trials · Judgment in cases tried summarily · Plea bargaining · Report of mutually satisfactory depositions to be submitted before Court · Disposal of case · Judgment of court · Attendance of persons confined or detained in prisons · Power to require attendance of prisoners · Prisoners to be brought in court in custody- power to issue commission for examination of witness in prison · Evidence in inquiries and trials · Mode of taking and recording evidenceCommission for the examination of witness
Unit IV
General Provisions as to inquiries and trials · Persons once convicted or acquitted not to be tried for same offence · Appearance by Public Prosecutor · Legal aid to accused at State expense in certain cases · Tender of pardon to accomplice · Trial of persons not complying with conditions of pardon · Local inspection · Power to examine accused · Accused persons to be competent witness · Compounding of offencesCourt to be open · Provisions as to accused persons of unsound mind · Procedure in case of accused being person of unsound mind · Procedure where prisoner of unsound mind is reported capable of making his defence · Delivery of person of unsound mind to care of relative or friend · Provisions as to offences affecting the administration of justice · Procedure in cases mentioned in Section 215 · Appeal · Procedure in certain cases of contempt · Discharge of offender on submission of apology · The judgment Language and contents of judgment- order to pay compensation · Victim compensation Scheme · Treatment of victims · Witness Protection Scheme · Compensation to persons groundlessly arrested- order to release on probation of good conduct after admonition-Court not to alter judgments · Submission of death sentences for confirmation · Power of High Court to confirm sentence or annul conviction · Procedure in case of difference of opinion · Appeals · Appeals from conviction · No appeal in certain cases when accused pleads guilty · No appeal in petty cases · Appeal by state Govt. against sentence · Appeal in case of acquittal · Summary disposal of appeal · Procedure for hearing appeals not dismissed summarily · Powers of appellate court · Suspension of sentence pending appeal- release of appellant on bail · Arrest of accused in appeal from acquittal · Finality of judgments and orders on appeal · Abatement of appeals · Reference and Revision · Transfer of Criminal Cases Power of Supreme Court to transfer cases and appeals · Power of High Courts to transfer cases and appeals · Power of Sessions Courts to transfer cases and appeals · Execution, suspension, remissions and commutation of sentences · Death sentencesimprisonment · Levy of fine · General provisions regarding executions- suspension, remission, commutation of sentences, Bail and Bond · In what cases bail to be takenmaximum period for which under trial prisoners can be detained- when bail can be taken in case of non-bailable offence- direction for grant of bail to person apprehending arrest · Special powers of High Court or Court of Sessions regarding bail · Amount of bond and reduction thereof · Bond of accused and sureties · Discharge of sureties- procedure when bond has been forfeited- cancellation of bond and bail bond · Disposal of property · Order for custody and disposal of property pending trial in certain cases · Order for disposal of property at conclusion of trial · Irregular proceedings · Irregularities which do not vitiate proceedings- irregularities which vitiate proceedings · Limitation for taking cognizance of certain offences · Bar to taking cognizable after lapse of period of limitation · Commencement of period of limitation · Miscellaneous · Cases in which Judge or Magistrate is personally interested · Public servant concerned in sale not to purchase or bid for property · Trial and proceedings to be held in electronic mode
- Mode of Taking Evidence and General Provisions as to Inquiries and Trials — Section 266 to 352
- Judgement — Sections 353 to 365
- Appeals-Sections 372 to 394
- Reference and Revision-Section 395 to 405
- Provisions as to Bails and Bonds — Section 436 to 450
- Irregular Proceedings-Section 460 to 466
- Limitation for taking cognizance –Sections 467 to 473
Unit V
Juvenile Justice (Care and Protection of Children) Act, 2015 · Definitions · General Principles of Care and Protection of Children · Juvenile Justice Board · Procedure in relation to children in conflict with law · Child Welfare Committee · Procedure in relation to children in need of care and protection · Rehabilitation and social reintegration · Adoption- other offences against children · Miscellaneous · The Probation of Offenders Act, 1958 - (Section 1 to 19)