Chapter 39: Bharatiya Nagarik Suraksha Sanhita, 2023

Chapter XXXIX: Miscellaneous

Section 520: Trials before High Courts

• What it says (in plain English): When a High Court (which is normally an appeal court) conducts a trial itself as a court of original jurisdiction, it must follow the same procedure that a Court of Session would follow. (This does not apply if the High Court is transferring the case under Section 447, which has its own rules).
• Real-world Example: If a specific law says a certain very high-profile or complex case must be “tried by the High Court,” the High Court judge will act like a Sessions Judge. They will follow all the trial procedures from Chapter XIX of the BNSS (framing charges, recording evidence, etc.).

Section 521: Delivery to commanding officers of persons liable to be tried by Court-martial

This section manages the jurisdiction (who gets to hold the trial) when a member of the Armed Forces commits a crime.

• Sub-section (1):
  • What it says (in plain English): The Central Government has the power to make special rules for members of the Army, Navy, Air Force, or other Armed Forces. These rules decide whether a service member accused of a crime will be tried by a normal civilian criminal court (under the BNSS) or by a military court (a “Court-martial”).
  • When a service member is arrested and brought before a regular Magistrate, the Magistrate must check these special rules. If the rules say the case should be handled by the military, the Magistrate must stop the civilian proceedings and hand the accused person over to their Commanding Officer (CO) for a trial by Court-martial.
  • Real-world Example: An Army jawan (soldier) gets into a severe fight with a civilian shopkeeper while on leave in his hometown. The local police arrest him and bring him before the Judicial Magistrate. The Magistrate consults the special rules. The rules state that for an offence of this nature, the Army’s Court-martial has the right to try the case. The Magistrate, therefore, transfers the jawan to the custody of the nearest Army cantonment’s Commanding Officer, along with all the police reports.
• Explanation (a) & (b):
  • What it says (in plain English): This just defines the terms.
    • (a) “Unit” includes any military formation like a regiment, corps, ship, battalion, etc.
    • (b) “Court-martial” includes any military tribunal that has similar powers.
  • Real-world Example: This clarification ensures the rule applies broadly, whether the accused belongs to a large infantry regiment or a small naval detachment on a single ship.
• Sub-section (2):
  • What it says (in plain English): A Magistrate must use their power to help the military apprehend an accused person. If a Commanding Officer sends a written request to a Magistrate asking for help in arresting a service member accused of an offence, the Magistrate must use their “utmost endeavours” (e.g., order the local police) to find and arrest that person.
  • Real-world Example: A soldier deserts his post. His CO sends a formal written application to the District Magistrate of the soldier’s hometown. The District Magistrate is now legally bound to instruct the local police to find, arrest, and secure that soldier, who will then be handed back to military custody.
• Sub-section (3):
  • What it says (in plain English): A High Court has the power to order a civil jail to produce a prisoner before a Court-martial, either for trial or to give evidence as a witness.
  • Real-world Example: An airman is in a civil jail in Patna for a check-bouncing case. The Air Force needs to try him in a Court-martial for a separate, more serious military offence. The Air Force legal branch applies to the Patna High Court. The High Court issues an order to the Patna jail superintendent to produce the airman before the Court-martial on the specified date.

Section 522: Forms

• What it says (in plain English): The “Second Schedule” at the end of the BNSS Act contains many templates (forms) for all the official documents mentioned in the law (like summons, warrants, bonds, etc.). This section says that courts should use these forms. They can be modified slightly to fit the details of a case, and if a court uses them, they are considered legally valid.
• Real-world Example: A Magistrate needs to issue an arrest warrant. They will use “Form No. 3” from the Second Schedule, fill in the accused’s name, the offence, and other details, and then sign and seal it. This is now a legally perfect warrant.

Section 523: Power of High Court to make rules

• Sub-section (1):
  • What it says (in plain English): Every High Court can, with the State Government’s approval, make administrative rules for the lower criminal courts under it. These rules can cover:
    • (a) Who is allowed to work as a “petition-writer” (the typists outside courts who prepare legal documents for a fee).
    • (b) How to license these petition-writers, what their conduct should be, and the maximum fees they can charge.
    • (c) Penalties for any petition-writer who breaks these rules.
    • (d) Any other matter that needs a rule.
  • Real-world Example: The Bombay High Court, with approval from the Maharashtra government, can issue new rules stating that all petition-writers at Magistrate courts must pass a basic legal-drafting test, be licensed, and display a government-approved rate card. Any writer overcharging a citizen can be fined or have their license revoked by an authority named in the rules.
• Sub-section (2):
  • What it says (in plain English): Any rules made under this section must be published in the state’s “Official Gazette” to become law.
  • Real-world Example: The High Court’s new rules for petition-writers only take effect after they are officially published in the Maharashtra Government Gazette.

Section 524: Power to alter functions allocated to Executive Magistrate in certain cases

• What it says (in plain English): This section allows a state to change who handles certain preventive actions. Normally, cases involving “security for good behaviour” (Sec 127-129) and urgent property disputes (Sec 164 & 166) are handled by Executive Magistrates (like the District Magistrate – DM, or Sub-Divisional Magistrate – SDM).
• However, if a State’s Legislative Assembly (Vidhan Sabha) passes a resolution, the State Government (after consulting the High Court) can issue a notification to transfer these specific powers from the Executive Magistrates to the Judicial Magistrates (the regular court judges).
• Real-world Example: A state’s Legislative Assembly feels that its Executive Magistrates are too busy with administrative work (like elections, disaster management) to properly handle complex property disputes under Section 164. The Assembly passes a resolution. The State Government then consults the High Court and issues a notification. From that day, all new Section 164 cases in that state are filed before the local Judicial Magistrate of the first class, not the SDM.

Section 525: Cases in which Judge or Magistrate is personally interested

This is a core principle of justice: no one can be a judge in their own case.

• What it says (in plain English): A Judge or Magistrate is strictly forbidden from trying a case if they are a party in it or are “personally interested” (e.g., it involves their family, friends, enemies, or their own finances). The only exception is if they get explicit permission from the court they appeal to. Also, a judge can never hear an appeal from their own judgment.
• Real-world Example: A man is accused of cheating. The case is assigned to a Magistrate who, it turns out, is the accused’s brother-in-law. The Magistrate is “personally interested” and must recuse himself (step away) from the case. It will be assigned to a different Magistrate.
• Explanation:
  • What it says (in plain English): A judge isn’t considered “personally interested” just because they are involved in their official public capacity (e.g., the case was filed by the Municipal Corporation, and the judge happens to be on the corporation’s board ex-officio). It also doesn’t count if the judge simply visited the crime scene as part of the legal inspection.
  • Real-world Example: A Magistrate, in their capacity as head of the District Disaster Management Authority, signed an order to close a polluting factory. Later, a criminal case is filed against the factory. The Magistrate can still hear the criminal case, as their previous involvement was purely in a public, administrative role, not a personal one.

Section 526: Practising advocate not to sit as Magistrate in certain Courts

• What it says (in plain English): A lawyer (advocate) who actively argues cases in a specific Magistrate’s court (or any court in that local area) cannot also be a Magistrate in that same court system. This prevents a huge conflict of interest.
• Real-world Example: Mr. Das is a lawyer who practices in the Howrah District Court. The government wants to appoint him as a “Special Magistrate” (a part-time role) in the same Howrah court. This section forbids it. He would have to give up his law practice (his sanad) in that jurisdiction to accept the post, or he must decline the post to continue practicing law there.

Section 527: Public servant concerned in sale not to purchase or bid for property

• What it says (in plain English): This is a simple anti-corruption rule. If a public servant (like a police officer or court official) is in charge of selling property under the BNSS (e.g., seized items at an auction), they are not allowed to purchase or bid for that property, either directly or indirectly.
• Real-world Example: A court orders the auction of several vehicles seized in a case. The police inspector who is managing the auction cannot bid on a car he likes. He also cannot ask his cousin to bid for him. This ensures a fair and transparent sale.

Section 528: Saving of inherent powers of High Court

This is one of the most powerful and important sections in the entire BNSS.

• What it says (in plain English): It clarifies that nothing in this 500+ section law can be used to limit or reduce the “inherent powers” of the High Court. The High Court always retains its ultimate power to pass any order it deems necessary for three reasons:
  1. To give effect to any other order under the BNSS (i.e., to make sure its orders are obeyed).
  2. To prevent the “abuse of the process of any Court” (i.e., to stop people from using the legal system for harassment or fraud).
  3. To “secure the ends of justice” (i.e., to do what is fundamentally right and fair, even if no specific rule covers the situation).
• Real-world Example (Preventing Abuse of Process): A person files a false, baseless criminal complaint (FIR) against his business rival just to harass him. The rival’s lawyer goes to the High Court and files a petition. The High Court, using its “inherent powers” under this section (famously known as “quashing” under Section 482 of the old CrPC), reviews the FIR, agrees it is malicious and an “abuse of process,” and quashes (cancels) the entire FIR and investigation.

Section 529: Duty of High Court to exercise continuous superintendence over Courts

• What it says (in plain English): The High Court must act as a constant supervisor for all the lower criminal courts (Sessions Courts and Magistrate Courts). Its job is to make sure these courts are working properly and disposing of cases quickly (“expeditiously”).
• Real-world Example: The Chief Justice of a High Court pulls a report and finds that the conviction rate in a specific district is zero, or that cases are pending for an average of 15 years. Using this power of “superintendence,” the High Court can issue strict directions to the District Judge, demand monthly reports, and even transfer judges to fix the problem and ensure the “expeditious and proper disposal” of cases.

Section 530: Trial and proceedings to be held in electronic mode

This is the key “modernization” section of the BNSS, formally legalizing digital procedures.

• What it says (in plain English): This section gives broad legal sanction for any and all parts of an inquiry, trial, or other proceeding to be done “in electronic mode.” This specifically includes:
  • (i) Summons and Warrants: Issuing and serving summons (e.g., by email/WhatsApp) or warrants digitally.
  • (ii) Examining Complainant/Witnesses: A witness or complainant can give their testimony via video conferencing.
  • (iii) Recording Evidence: The court can record testimony and evidence electronically.
  • (iv) Appeals and Other Proceedings: Appeal hearings or any other process can be held via “audio-video electronic means.”
• Real-world Example (i): The court needs to send a summons to a witness in Bengaluru. Instead of posting it or sending a policeman, the court officer sends a digitally signed PDF of the summons to the witness’s verified email address. This is now valid legal service.
• Real-world Example (ii) & (iii): A key witness (e.g., a doctor who performed an autopsy) has since moved to the UK. Instead of the massive delay and expense of flying him to India, the court arranges a formal video call. The witness gives his testimony and is cross-examined by lawyers, all via video. This “electronic evidence” is recorded and becomes an official part of the trial record.

Section 531: Repeal and savings

This is the “transition” section. It explains what is being replaced and, most importantly, what happens to all the cases that were already in progress under the old law.

• Sub-section (1):
  • What it says (in plain English): The old law, the “Code of Criminal Procedure, 1973” (also known as the CrPC), is officially cancelled and “repealed.”
  • Real-world Example: From the moment the BNSS comes into force, the CrPC, 1973, is no longer the law of the land for any new criminal case. The BNSS becomes the new, official rulebook for all criminal procedure.
• Sub-section (2):
  • What it says (in plain English): This is the “savings” clause, which means, “Even though we are repealing the old law, we have to ‘save’ certain things to prevent chaos.”
• Sub-section (2), Clause (a):
  • What it says (in plain English): This is the most critical part of the transition. It states that if, on the day the BNSS starts, there is any pending action—like an appeal, an application, a trial, an inquiry, or a police investigation—that action will continue under the rules of the old CrPC, 1973. It will be as if the new BNSS “had not come into force” for that specific case.
  • Real-world Example:
    • Pending Investigation: An FIR for a theft was registered in 2022. The police are still investigating it when the BNSS becomes law in 2024. The police must continue their investigation and file the charge sheet following the old CrPC rules.
    • Pending Trial: A trial for a case from 2021 is underway in the Sessions Court. The trial will continue from start to finish using the old CrPC procedures. The judge and lawyers cannot suddenly switch to BNSS rules in the middle of the trial.
    • Pending Appeal: A person convicted in 2023 has an appeal pending in the High Court. That appeal will be heard and decided based on the laws and procedures of the old CrPC.
• Sub-section (2), Clause (b):
  • What it says (in plain English): This is an administrative “carry-over” clause. It means that all the old administrative orders and appointments made under the CrPC are still valid. This includes:
    • Notifications (e.g., declaring an area a “police station”)
    • Proclamations (e.g., for an absconder)
    • Powers given to a specific court
    • Rules made by a state
    • Definitions of local jurisdictions
    • Sentences and orders that were passed
      All these are “deemed” (considered) to have been made under the new BNSS. This saves the government from having to re-issue thousands of administrative orders.
  • Real-world Example: The state government issued a notification in 2010 defining the exact city limits for the “Commissioner of Police, Pune.” When the BNSS starts, that notification is still valid. It is now considered to be an order under the new BNSS, and the Commissioner’s jurisdiction remains unchanged. No new notification is needed.
• Sub-section (2), Clause (c):
  • What it says (in plain English): If the government had given “sanction” or “consent” to prosecute someone under the old CrPC (which is often needed for public servants), but the case hadn’t actually been started yet, that sanction is still valid. The case can now be started under the new BNSS using that pre-existing sanction.
  • Real-world Example: The state government gives sanction to prosecute a public official for corruption on June 1st. The BNSS becomes law on July 1st. The police haven’t filed the charge sheet yet. They do not need to apply for a new sanction. They can use the one from June 1st to file the case, and the case will then be tried under the new BNSS procedures.
• Sub-section (3):
  • What it says (in plain English): You cannot use the new law to revive an old, “dead” case. If the deadline (statute of limitations) for filing a case under the old law had already expired before the BNSS came into force, you cannot file that case now, even if the BNSS (in Chapter XXXVIII) gives a longer deadline for that same crime.
  • Real-world Example: A minor offence was committed on January 1, 2020. Under the old CrPC, it had a 1-year limitation period, which expired on January 1, 2021. The victim never filed a complaint. In 2024, the BNSS becomes law and (hypothetically) gives this offence a 3-year limitation. The victim cannot file the case now. Because the deadline under the old law already passed, the case is permanently barred.

Conclusion of the Main Act

This concludes the main body of the Bharatiya Nagarik Suraksha Sanhita, 2023. The sections that follow Section 531 in the document are the Schedules, which are appendices that support the Act:

• The First Schedule: This is a massive table (a “Classification of Offences”). It lists every single offence in the Bharatiya Nyaya Sanhita (and other laws) and specifies three crucial details for each:
  1. Cognizable or Non-cognizable: (Can police arrest without a warrant?)
  2. Bailable or Non-bailable: (Is bail a right or at the court’s discretion?)
  3. By what Court triable: (Which court has the power to hear the case—Magistrate, Sessions Court, etc.?)
• The Second Schedule: This is a collection of all the official templates (“Forms”) to be used by the police and courts. It includes the standard wording for every summons, arrest warrant, search warrant, bail bond, proclamation, and any other official document mentioned in the BNSS.

The First Schedule: Classification of Offences

• What it is (in plain English): The First Schedule is a massive “master table” or “cheat sheet” for the entire criminal justice system. It lists nearly every crime and provides the immediate procedural answers that a police officer or Magistrate needs. It’s the most-used part of the Act.
• It is divided into two parts:
  • Part I: Deals with all offences under the Bharatiya Nyaya Sanhita, 2023 (BNS).
  • Part II: Provides the rules for offences under all other laws (e.g., the NDPS Act, the Arms Act, etc.).

Structure of the First Schedule (Part I)

This table has 6 columns. Here is what each one means:

• Column 1: Section
  • What it says (in plain English): This is the section number of the offence from the Bharatiya Nyaya Sanhita (BNS).
  • Real-world Example: It will list 303(2) (Theft) or 103 (Murder).
• Column 2: Offence
  • What it says (in plain English): This gives a short description of the crime.
  • Real-world Example: For Section 303(2), this column will say “Theft.”
• Column 3: Punishment
  • What it says (in plain English): This states the maximum (and sometimes minimum) punishment for the crime.
  • Real-world Example: For “Theft,” it will list “Imprisonment for 1 year to 5 years, and fine.”
• Column 4: Cognizable or Non-cognizable
  • What it says (in plain English): This is a critical instruction for the police.
    • “Cognizable” means the police can arrest a suspect without a warrant. These are generally serious crimes.
    • “Non-cognizable” means the police cannot arrest without first getting a warrant from a Magistrate. These are less serious offences.
  • Real-world Example: For “Murder” (Section 103), this column says “Cognizable.” Police can arrest the suspect on the spot. For “Defamation” (Section 356), it says “Non-cognizable.” The police cannot arrest the person; the victim must first file a complaint with a Magistrate.
• Column 5: Bailable or Non-bailable
  • What it says (in plain English): This determines how bail is handled.
    • “Bailable” means bail is a right. The accused can demand to be released on bail (after paying the bond), and the police or Magistrate must grant it.
    • “Non-bailable” means bail is at the discretion of the court. The accused must apply for it, and the judge will decide whether to grant it based on the seriousness of the crime, the risk of flight, etc.
  • Real-world Example: For “Simple Hurt” (Section 115(2)), this column says “Bailable.” The accused can go to the police station, sign the bail bond, and be released. For “Theft” (Section 303(2)), it says “Non-bailable.” The accused must be arrested and brought before a judge to ask for bail.
• Column 6: By what Court triable
  • What it says (in plain English): This specifies which level of court has the jurisdiction to hear the trial.
  • Real-world Example: For “Theft” (Section 303(2)), it says “Any Magistrate.” This means the case will be heard by a local Judicial Magistrate. For “Murder” (Section 103), it says “Court of Session.” This means the case is too serious for a Magistrate and must be tried by a higher Sessions Judge.

Structure of the First Schedule (Part II)

• What it says (in plain English): This part provides the same rules (Cognizable, Bailable, Triable by) for offences from other laws where that law itself doesn’t specify. It sets a simple, general rule:
  • If punishable with death, life imprisonment, or more than 7 years: It is “Cognizable,” “Non-bailable,” and triable by a “Court of Session.”
  • If punishable with 3 to 7 years: It is “Cognizable,” “Non-bailable,” and triable by a “Magistrate of the first class.”
  • If punishable with less than 3 years: It is “Non-cognizable,” “Bailable,” and triable by “Any Magistrate.”
• Real-world Example: A person is charged under a special environmental law. The punishment for his offence is “imprisonment for 5 years.” The police officer and judge will look at Part II of this Schedule, see that a 5-year offence falls in the “3 to 7 years” category, and therefore know the offence is “Cognizable,” “Non-bailable,” and “Triable by a Magistrate of the first class.”

The Second Schedule: Forms

• What it is (in plain English): This is the official “template library” for the entire criminal justice system. It is a collection of 58 “Forms,” which provide the exact, legally approved wording for every document a court or police officer needs to issue.
• Why it exists: This ensures that all official orders, warrants, and bonds are uniform and legally valid across the entire country, from a small village court to the High Court. It prevents confusion and legal loopholes based on defective paperwork.

Examples of Key Forms in the Second Schedule:

• Form No. 1 (Notice for Appearance by the Police):
  • This is the official template for the notice police must send under Section 35(3), asking a person to appear for questioning when an arrest is not required.
• Form No. 2 (Summons to an Accused Person):
  • This is the template for the official court document ordering an accused person to appear for trial.
• Form No. 3 (Warrant of Arrest):
  • This is the template a judge fills out and signs to authorize the police to arrest a person and bring them to court.
• Form No. 11 (Warrant to Search):
  • This is the template for a search warrant, which authorizes police to search a specific place for specific evidence.
• Form No. 15 (Summons on Information of a Probable Breach of the Peace):
  • This is the template an Executive Magistrate uses to summon a person (under Section 132) who is reportedly about to cause a public disturbance.
• Form No. 33 (Charges):
  • This provides the official templates for how a court must write the formal charges against an accused (e.g., “First—That you, on or about the…”).
• Form No. 43 (Warrant of Execution of a Sentence of Death):
  • This is the solemn and final template that a Sessions Judge signs to authorize the jail superintendent to carry out a death sentence.
• Form No. 47 (Bond and Bail-Bond):
  • This is the actual template that the accused person and their “sureties” (like Rohan from our previous examples) sign, which becomes their legal promise to appear in court.