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CHAPTER 20, TRIAL OF WARRANT- CASES BY MAGISTRATES

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024


CHAPTER XX - TRIAL OF WARRANT- CASES BY MAGISTRATES


A. Cases instituted on a police report, Section 261 - Compliance with section 230, Section 262 - When accused shall be discharged, Section 263 - Framing of charge, Section 264 - Conviction on plea of guilty, Section 265 - Evidence for prosecution, Section 266 - Evidence for defence

B. Cases instituted otherwise than on police report, Section 267 - Evidence for prosecution, Section 268 - When accused shall be discharged, Section 269 - Procedure where accused is not discharged, Section 270 - Evidence for defence,

C. Conclusion of trial, Section 271 - Acquittal or conviction, Section 272 - Absence of complainant, Section 273 - Compensation for accusation without reasonable cause

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CHAPTER 19, TRIAL BEFORE A COURT OF SESSION

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024


CHAPTER XIX - TRIAL BEFORE A COURT OF SESSION


Section 248 - Trial to be conducted by Public Prosecutor, Section 249 - Opening case for prosecution, Section 250 - Discharge, Section 251 - Framing of charge, Section 252 - Conviction on plea of guilty, Section 253 - Date for prosecution evidence, Section 254 - Evidence for prosecution, Section 255 - Acquittal, Section 256 - Entering upon defence, Section 257 - Arguments, Section 258 - Judgment of acquittal or conviction, Section 259 - Previous conviction, Section 260 - Procedure in cases instituted under sub- section (2) of section 222

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CHAPTER 18, THE CHARGE

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024


CHAPTER XVIII - THE CHARGE


A. Form of charges, Section 234 - Contents of charge, Section 235 - Particulars as to time, place and person, Section 236 - When manner of committing offence must be stated, Section 237 - Words in charge taken in sense of law under which offence is punishable, Section 238 - Effect of errors, Section 239 - Court may alter charge, Section 240 - Recall of witnesses when charge altered, B. Joinder of charges, Section 241 - Separate charges for distinct offences, Section 242 - Offences of same kind within year may be charged together, Section 243 - Trial for more than one offence, Section 244 - Where it is doubtful what offence has been committed, Section 245 - When offence proved included in offence charged, Section 246 - What persons may be charged jointly, Section 247 - Withdrawal of remaining charges on conviction on one of several charges

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CHAPTER 17, COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024


CHAPTER 17, COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227 - Issue of process, Section 228 - Magistrate may dispense with personal attendance of accused, Section 229 - Special summons in cases of petty offence, Section 230 - Supply to accused of copy of police report and other documents, Section 231 - Supply of copies of statements and documents to accused in other cases triable by Court of Session, Section 232 - Commitment of case to Court of Session when offence is triable exclusively by it, Section 233 - Procedure to be followed when there is a complaint case and police investigation in respect of same offence

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CHAPTER 16, COMPLAINTS TO MAGISTRATES

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023


CHAPTER XVI - COMPLAINTS TO MAGISTRATES


Section 223 - Examination of complainant , Section 224 - Procedure by Magistrate not competent to take cognizance of case , Section 225 - Postponement of issue of process , Section 226 - Dismissal of complaint

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CHAPTER 15, Conditions Requisite for Initiation of Proceedings

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023


CHAPTER XV - CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS


Section 210 - Cognizance of offences by Magistrate, Section 211 - Transfer on application of accused, Section 212 - Making over of cases to Magistrates, Section 213 - Cognizance of offences by Court of Session, Section 214 - Additional Sessions Judges to try cases made over to them, Section 215 - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence, Section 216 - Procedure for witnesses in case of threatening, etc, Section 217 - Prosecution for offences against State and for criminal conspiracy to commit such offence, Section 218 - Prosecution of Judges and public servants, Section 219 - Prosecution for offences against marriage, Section 220 - Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023, Section 221 - Cognizance of offence, Section 222 - Prosecution for defamation

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CHAPTER 14, JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

 

CHAPTER XIV, BHARATIYA NAGARIK SURAKSHA SANHITA, 2023


JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS


Section 197 - Ordinary place of inquiry and trial, Section 198 - Place of inquiry or trial, Section 199 - Offence triable where act is done or consequence ensues, Section 200 - Place of trial where act is an offence by reason of relation to other offence, Section 201 - Place of trial in case of certain offences, Section 202 - Offences committed by means of electronic communications, letters, etc, Section 203 - Offence committed on journey or voyage, Section 204 - Place of trial for offences triable together, Section 205 - Power to order cases to be tried in different sessions divisions, Section 206 - High Court to decide, in case of doubt, district where inquiry or trial shall take place, Section 207 - Power to issue summons or warrant for offence committed beyond local jurisdiction, Section 208 - Offence committed outside India, Section 209 - Receipt of evidence relating to offences committed outside India

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CHAPTER 13, INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

 

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024


CHAPTER 13, INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE


    Section 173 - Information in cognizable cases, Section 174 - Information as to non- cognizable cases and investigation of such cases, Section 175 - Police officer's power to investigate cognizable case, Section 176 - Procedure for investigation, Section 177 - Report how submitted, Section 178 - Power to hold investigation or preliminary inquiry, Section 179 - Police officer's power to require attendance of witnesses, Section 180 - Examination of witnesses by police, Section 181 - Statements to police and use thereof, Section 182 - No inducement to be offered, Section 183 - Recording of confessions and statements, Section 184 - Medical examination of victim of rape, Section 185 - Search by police officer, Section 186 - When officer in charge of police station may require another to issue search- warrant, Section 187 - Procedure when investigation cannot be completed in twenty- four hours, Section 188 - Report of investigation by subordinate police officer, Section 189 - Release of accused when evidence deficient, Section 190 - Cases to be sent to Magistrate, when evidence is sufficient, Section 191 - Complainant and witnesses not to be required to accompany police officer and not, Section 192 - Diary of proceedings in investigation, Section 193 - Report of police officer on completion of investigation, Section 194 - Police to inquire and report on suicide, etc, Section 195 - Power to summon persons, Section 196 - Inquiry by Magistrate into cause of death.

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CHAPTER 12, PREVENTIVE ACTION OF THE POLICE

 

CHAPTER 12, PREVENTIVE ACTION OF THE POLICE


168. Police to prevent cognizable offences


Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

169. Information of design to commit cognizable offences


Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

170. Arrest to prevent commission of cognizable offences


(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission  of  the  offence  cannot  be  otherwise  prevented.

(2) No person arrested under sub- section (1) shall be detained in custody for a period exceeding twenty- four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.

171. Prevention of injury to public property


A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.

172. Persons bound to conform to lawful directions of police


(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfillment of any of his duty under this Chapter.

(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub- section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty- four hours.

 

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