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Criminal Procedure (BNSS) · Unit 2

Charge and Trials

Unit 2 of Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita 2023), Juvenile Justice Act 2015, POCSO 2012 (syllabus: Module II — charge; trial before a Court of Session; warrant cases by Magistrates; summons cases by Magistrates; summary trial (CrPC ss. 211–265)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What must a charge contain, and when must it state the manner of the offence?
  • When does an error in the charge vitiate a conviction?
  • State the rule of separate charges and its exceptions.
  • What are the three discharge tests, and when does each apply?
  • What distinguishes the trial of a summons case from the trial of a warrant case?
  • When is plea bargaining available, and what sentence follows a disposition?

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. Sections 234 to 236 (CrPC ss. 211 to 213) and their illustrations are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 238 (CrPC s. 215) and 510 (CrPC s. 464) are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 241 to 247 (CrPC ss. 218 to 224) are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 250
  • No case law is prescribed for this paper; the authority is the section itself. Sections 274 to 282 (CrPC ss. 251 to 259) and the definitions in s. 2 are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 289 to 300 are the authority.

Exam questions on this unit

In this paper