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Bharatiya Nagarik Suraksha Sanhita, 2026 Syllabus, Exam Pattern
Bharatiya Nagarik Suraksha Sanhita, 2023 Syllabus, Exam Pattern
The Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023) received presidential assent on Notified Soon. It came into force on Notified Soon, replacing the Code of Criminal Procedure, 1973 (CrPC).
Purpose: To consolidate and amend the law relating to Criminal Procedure, governing the process for investigation, inquiry, trial, appeal, and other related procedures handled by police, courts, and correctional services. It aims to modernize procedures, leverage technology, ensure speedier justice, and protect the rights of victims and accused.
Structure: The Act comprises 531 Sections (compared to 484 in CrPC), organized into 39 Chapters and includes 2 Schedules (detailing Forms and Classification of Offences).
Bharatiya Nagarik Suraksha Sanhita, 2023 Syllabus
Bharatiya Nagarik Suraksha Sanhita, 2023 Syllabus
Code of Criminal Procedure, 1973:
Mandatory Use of Technology:
1. Audio-video recording is mandated for search and seizure operations (Sec 105) and for recording statements of victims, especially rape victims (Sec 183(6)), and witness statements by police (Sec 176).
2. Allows electronic communication (including FIRs - Sec 173) for reporting incidents.
3. Summons, warrants, notices, and judgments can be served/delivered electronically (Sec 66, etc.).
4. Trials, inquiries, appeals, recording of evidence (depositions) can be conducted electronically via video conferencing (Sec 530).
Forensic Investigation: Mandatory forensic investigation (collection of evidence by forensic expert) for offences punishable with 7 years or more imprisonment (Sec 176(3)). Police must inform the court if forensics were used.
Defined Timelines:
1. Preliminary Inquiry (if conducted): within 14 days (Sec 173(3)).
2. Informing victim about investigation progress: within 90 days (Sec 193).
3. Medical examination of victim: Report within 7 days.
4. Chargesheet filing: Within 90 days (extendable).
5. Framing of charges: Within 60 days of the first hearing (Sec 260).
6. Judgment delivery: Within 30 days (extendable to 45) after conclusion of arguments (Sec 392).
7. Sanction for prosecution of public servants: Decision within 120 days, failing which sanction is deemed granted (related to Sec 224-233).
New Procedural Concepts:
a. Zero FIR: Formalizes the concept, allowing FIR registration at any police station regardless of jurisdiction (Sec 173).
b. Preliminary Inquiry: Made mandatory for cognizable offences punishable between 3 and 7 years before registering an FIR, to ascertain if a prima facie case exists (Sec 173(3)).
c. Trial in absentia: Allows trial and judgment pronouncement for proclaimed offenders who have absconded, even in their absence (Sec 356).
d. Mercy Petitions: Specific procedure outlined for filing mercy petitions in death sentence cases (Sec 473).
e. Summary Trials: Scope expanded to include more offences.
Enhanced Victim Rights:
a. Definition of 'victim' expanded to include gender identity and guardians.
b. Victim's right to be informed about the progress of the investigation within 90 days (Sec 193).
c. Victim's participation allowed in discussions related to plea bargaining (Chapter 23).
d. Mandatory free first-aid/medical treatment for victims at all hospitals (linked to Sec 397).
e. State governments mandated to notify and implement Witness Protection Schemes (Sec 398).
Changes in Police Procedures:
1. Guidelines for use of handcuffs specified, generally allowed for serious offences like organised crime, terrorism, rape, murder, etc. (Sec 43(3)).
2. Clear procedures for collecting samples like fingerprints, voice samples (Sec 349).
3. Restrictions on requiring attendance at police stations for women, persons under 15 or over 60, and mentally/physically disabled persons (Sec 175(1) proviso).
Arrest and Detention:
1. Clearer provisions on rights of arrested persons (information, legal aid, medical exam).
2. Specific limits on undertrial detention formalized: release on bond after detention for one-third (first-time offenders) or one-half (others) of the maximum imprisonment period (Sec 479).
3. Bail: Retains provisions for regular and anticipatory bail (Sec 484).
4. Consolidation & Structure: Reorganized chapters and sections, repealed obsolete provisions, and added new forms.
Detailed Syllabus :
PART I: Preliminary and Constitution of Courts
Chapter I: Preliminary (Sections 1-5)
Short title, extent, commencement. Definitions (incl. audio-video electronic means, bail, charge, electronic communication, victim). Construction of references.
Chapter II: Constitution of Criminal Courts and Offices (Sections 6-30)
Classes of Criminal Courts. Territorial Divisions (Sessions Divisions, Districts). Courts of Session. Courts of Judicial Magistrates (CJM, ACJM, JMFC, JM S Cl, Special MMs). Executive Magistrates (DM, ADM, SDM, Special EMs). Public Prosecutors (PP, Addl PP, Spl PP, Asst PP). Directorate of Prosecution.
Chapter III: Power of Courts (Sections 31-35)
Sentences which High Courts and Sessions Judges may pass. Sentences which Magistrates may pass. Sentence in cases of conviction of several offences at one trial.
Chapter IV: Powers of Superior Officers of Police and Aid to the Magistrates and the Police (Sections 36-40)
Powers of superior police officers. Aid to Magistrates and police. Public to give information of certain offences.
PART II: Arrest, Process, and Production
Chapter V: Arrest of Persons (Sections 35-63)
When police may arrest without warrant. Procedure of arrest and duties of officer. Rights of arrested person (information on grounds, bail rights, legal aid, inform relative/friend, medical examination). Arrest by Magistrate. Arrest by private person. Protection for members of Armed Forces. Guidelines on use of handcuffs (Sec 43(3)).
Chapter VI: Process to Compel Appearance (Sections 64-99)
A. Summons (Form, Service - including electronic, Service on corporates/govt servants).
B. Warrant of Arrest (Form, Duration, Directed to police, Execution).
C. Proclamation and Attachment (Proclamation for person absconding, Attachment of property). Procedure for trial of proclaimed offenders in absentia (Sec 86).
D. Other Rules Regarding Processes.
Chapter VII: Process to Compel the Production of Things (Sections 100-116)
A. Summons to Produce.
B. Search Warrants (When issuable, For specific places, For seditious/obscene matter).
C. General Provisions Relating to Searches (Persons in charge to allow search, List of things seized, mandatory audio-video recording - Sec 105).
D. Miscellaneous (Impounding documents).
Chapter VIII: Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property (Sections 117-132)
Assistance in securing transfer of persons. Assistance regarding things. Procedure for attachment and forfeiture under specific laws.
PART III: Preventive Measures and Maintenance
Chapter IX: Security for Keeping the Peace and for Good Behaviour (Sections 133-151)
Security on conviction, from persons disseminating seditious matters, from suspected persons, from habitual offenders. Order, procedure, bond, imprisonment in default.
Chapter X: Order for Maintenance of Wives, Children and Parents (Sections 152-156)
Order for maintenance. Procedure. Alteration in allowance. Enforcement. (Largely retains CrPC Sec 125-128 provisions).
Chapter XI: Maintenance of Public Order and Tranquillity (Sections 157-180)
A. Unlawful Assemblies (Dispersal command, Use of civil/armed force).
B. Public Nuisances (Conditional order for removal, Procedure).
C. Urgent Cases of Nuisance or Apprehended Danger (Power to issue order - Sec 163, similar to CrPC 144).
D. Disputes as to Immovable Property (Procedure where dispute likely to cause breach of peace).
Chapter XII: Preventive Action of the Police (Sections 181-186)
Police action to prevent cognizable offences. Information of design to commit such offences. Arrest to prevent commission. Prevention of injury to public property.
PART IV: Investigation and Initiation of Proceedings
Chapter XIII: Information to the Police and their Powers to Investigate (Sections 187-210)
Information in cognizable cases (FIR - registration including Zero FIR, electronically - Sec 173). Preliminary Inquiry (Sec 173(3)). Information in non-cognizable cases. Investigation procedure. Examination of witnesses by police (statements recorded, including via audio-video - Sec 176). Medical examination of victim and accused (Sec 184). Collection of non-testimonial evidence (samples - Sec 185). Use of Forensics (Sec 176(3)). Search by police officer. Report of investigation (Chargesheet - Sec 193). Police power to inquire into suicide, etc. Informing victim of progress (Sec 193).
Chapter XIV: Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 211-222)
Ordinary place of inquiry and trial. Jurisdiction for offences committed on journey, outside India, etc.
Chapter XV: Conditions Requisite for Initiation of Proceedings (Sections 223-233)
Cognizance of offences by Magistrates and Courts of Session. Prosecution for contempt, false evidence, offences against the State, offences by public servants (requirement of sanction, deemed sanction).
Chapter XVI: Complaints to Magistrates (Sections 234-237)
Examination of complainant. Procedure if Magistrate not competent. Postponement of issue of process / Dismissal of complaint.
Chapter XVII: Commencement of Proceedings before Magistrates (Sections 238-243)
Issue of process (summons/warrant). Supply of copies of police report and other documents to accused. Commitment of case to Court of Session when offence is exclusively triable by it.
PART V: Trial Procedures
Chapter XVIII: Charge (Sections 244-256)
Form of charges (Content, Particulars). Effect of errors. Joinder of charges (for same transaction, doubt about offence, alternative charges). Timeline for framing (Sec 260).
Chapter XIX: Trial before a Court of Session (Sections 257-270)
Trial conducted by Public Prosecutor. Opening case. Discharge/Framing of charge. Evidence for prosecution/defence. Acquittal/Conviction.
Chapter XX: Trial of Warrant Cases by Magistrates (Sections 271-282)
A. Cases instituted on a police report.
B. Cases instituted otherwise than on police report.
C. Conclusion of trial (Acquittal/Conviction).
C. Conclusion of trial (Acquittal/Conviction).
Chapter XXI: Trial of Summons Cases by Magistrates (Sections 283-291)
Procedure (Substance of accusation stated, Plea, Evidence, Acquittal/Conviction). Power to convert summons-case into warrant-case.
Chapter XXII: Summary Trials (Sections 292-297)
Power for summary trial. Procedure. Record and Judgment. Expanded scope for offences triable summarily.
Chapter XXIII: Plea Bargaining (Sections 298-308)
Application, guidelines, disposal of the case, judgment, finality. Victim participation. Not applicable for offences affecting socio-economic condition or against woman/child <14 yrs.
Chapter XXIV: Attendance of Persons Confined or Detained in Prisons (Sections 309-314)
Power to require attendance. Order for production.
Chapter XXV: Evidence in Inquiries and Trials (Sections 315-348)
Mode of taking and recording evidence (including electronically - Sec 317). Commissions for examination of witnesses. Reports of certain Government scientific experts (Mint, Forensics, etc.). Evidence of medical witness. Accused person to be competent witness. Identification report admissibility.
Chapter XXVI: General Provisions as to Inquiries and Trials (Sections 349-371)
Accused to be present (exception for in absentia trial - Sec 356). Power to postpone/adjourn. Compounding of offences (Table provided). Withdrawal from prosecution. Procedure in cases involving perjury. Procedure when corporation is accused.
Chapter XXVII: Provisions as to Accused Persons of Unsound Mind (Sections 372-381)
Procedure when accused is of unsound mind at trial. Resumption of inquiry/trial. Release/detention.
Chapter XXVIII: Provisions as to Offences Affecting the Administration of Justice (Sections 382-391)
Procedure for contempt committed in view/presence of court. Procedure for other cases of contempt. Appeals.
Chapter XXIX: Judgment (Sections 392-399)
Form and contents. Language. Judgment in case of acquittal/conviction. Victim compensation. Delivery of judgment (timeline - Sec 392). Copy to accused.
PART VI: Post-Trial Procedures
Chapter XXX: Submission of Death Sentences for Confirmation (Sections 400-406)
Sentence of death submitted to High Court. Power to direct further inquiry. Confirmation/New sentence power. Procedure.
Chapter XXXI: Appeals (Sections 407-435)
Cases where no appeal lies. Appeal from convictions (Sessions Court, High Court, Supreme Court). Appeal against acquittal. Procedure for appeals (Petition, Summary dismissal, Notice, Hearing - can be electronic). Powers of Appellate Court. Abatement.
Chapter XXXII: Reference and Revision (Sections 436-443)
Reference to High Court. Powers of Revision (High Court, Sessions Judge).
Chapter XXXIII: Transfer of Criminal Cases (Sections 444-450)
Powers of Supreme Court, High Court, Sessions Judge to transfer cases and appeals.
Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences (Sections 451-483)
Execution of death sentence, imprisonment, fine. Suspension of sentence pending appeal. Power to suspend/remit sentences (State/Central Govt). Power to commute sentence. Mercy Petitions procedure (Sec 473).
Chapter XXXV: Provisions as to Bail and Bonds (Sections 484-502)
Bail in bailable offences. Bail in non-bailable offences (conditions). Anticipatory Bail (Sec 484). Bonds (Amount, Forfeiture, Cancellation). Release of undertrials based on detention period (Sec 479).
Chapter XXXVI: Disposal of Property (Sections 503-510)
Order for custody and disposal of property pending trial / after conclusion. Disposal of seized property, perishable property. Appeal against orders.
PART VII: Miscellaneous
Chapter XXXVII: Irregular Proceedings (Sections 511-518)
Proceedings in wrong place. Effect of non-compliance, errors, omissions. Finding/sentence when reversible due to error.
Chapter XXXVIII: Limitation for Taking Cognizance of Certain Offences (Sections 519-522)
Bar to taking cognizance after lapse of limitation period (6 months / 1 year / 3 years based on offence). Commencement and exclusion of period.
Chapter XXXIX: Miscellaneous (Sections 523-531)
Duty of public to assist Magistrates/Police. Power of court to summon material witness or examine person present. Expenses of complainants/witnesses. Power to compel restoration of abducted females. Compensation to persons groundlessly arrested. Inherent powers of High Court (Sec 530). Forms (Schedule reference). Repeal and Savings (Sec 531).
Bharatiya Nagarik Suraksha Sanhita, 2023 Exam Pattern
Duration : 120 Minutes
No.of Question : 100
Total Marks : 100
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