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Criminal Procedure (BNSS) · Unit 3

Evidence, Judgment, Appeals and Bail

Unit 3 of Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita 2023), Juvenile Justice Act 2015, POCSO 2012 (syllabus: Module III — mode of taking evidence and general provisions as to inquiries and trials; judgment; appeals; reference and revision; bail and bonds; irregular proceedings; limitation for taking cognizance (CrPC ss. 266–473)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • In whose presence must evidence be taken, and what protection is given to a young woman in a sexual case?
  • Under what conditions may a proclaimed offender be tried in his absence?
  • What must a judgment contain, and when must special reasons be given?
  • Who may appeal against an order of acquittal, and subject to what conditions?
  • What are the limits on the powers of an appellate court?
  • What are the limits on the power of revision?
  • When is a person entitled to be released on bail as of right, and what provision is made for the poor?
  • For how long may an undertrial prisoner be detained, and who must move the court?

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 308 (CrPC s. 273) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 356
  • No case law is prescribed for this paper; the authority is the section itself. Sections 392 and 393 (CrPC ss. 353 and 354) are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Sections 419 (CrPC s. 378) and 413 (CrPC s. 372) are the authority.
  • No case law is prescribed for this paper; the authority is the section itself. Section 427 (CrPC s. 386) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Sections 438 and 442 (CrPC ss. 397 and 401) are the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 478 (CrPC s. 436) is the authority
  • No case law is prescribed for this paper; the authority is the section itself. Section 479

Exam questions on this unit

In this paper