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Criminal Procedure (BNSS) · Unit 1

Courts, Arrest, Investigation and Cognizance

Unit 1 of Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita 2023), Juvenile Justice Act 2015, POCSO 2012 (syllabus: Module I — object and history; definitions; constitution and powers of criminal and executive courts; powers of superior police officers and aid to the Magistrates; arrest; process to compel appearance; preventive and security proceedings; maintenance of wives, children and parents; information to the police and investigation; jurisdiction in inquiries and trials; cognizance (CrPC ss. 2–210; BNSS ss. 2–222)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When may a police officer arrest without a warrant for an offence in the seven-year band?
  • What must be done for a woman who is to be arrested?
  • How long may the police hold a person arrested without warrant?
  • What are the rights of a person who has been arrested?
  • What changes did the Sanhita make to the registration of information in a cognizable case?
  • How long may an accused be detained while the investigation continues, and when does default bail arise?
  • What must the police report on completion of an investigation contain, and by when must it be made?
  • What is cognizance, and on what bases may a Magistrate take it?
  • What must a Magistrate do before taking cognizance on a complaint?
  • When and how is a case committed to the Court of Session?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

  • No case law is prescribed for this paper; the authority is the section itself. Section 35 (CrPC s. 41) is the governing provision
  • No case law is prescribed for this paper; the authority is the section itself. Section 43 (CrPC s. 46) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 58 (CrPC s. 57) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Sections 47 (CrPC s. 50) and 36
  • No case law is prescribed for this paper; the authority is the section itself. Section 173 (CrPC s. 154) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 187 (CrPC s. 167) and Explanation I to it are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Section 193 (CrPC s. 173) is the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Section 210 (CrPC s. 190) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 223 (CrPC s. 200) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 232 is the authority

Exam questions on this unit

In this paper