PRELIMINARY
CHAPTER-I
1. Short title, extent and commencement
2. Definitions
3. Construction of references
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
BNSS Chapter I: 32 Quick Prelims Questions
Use these 32 questions for a fast revision of Chapter I of the BNSS, 2023. Attempt all questions in one go, then check your answers with the answer-key given at the end of this page.
Preliminary Examination Practice Questions: Chapter I
1. The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. ____ of 2023. A) 44 B) 45 C) 46 D) 47
2. On which date did the Bharatiya Nagarik Suraksha Sanhita, 2023 receive the Presidential assent? A) 11th August, 2023 B) 10th November, 2023 C) 25th December, 2023 D) 1st July, 2024
3. The BNSS, 2023 came into force on: A) 25th December, 2023 B) 1st January, 2024 C) 1st July, 2024 D) 15th August, 2024
4. Under Section 1(2), the provisions of the BNSS, 2023 (other than Chapters IX, XI, and XII) do not apply to: A) The State of Jammu and Kashmir B) The State of Nagaland and the tribal areas C) The State of Manipur D) Union Territories
5. As per Section 2(1)(a), the term "audio-video electronic means" includes the use of any communication device for: A) Video conferencing only B) Recording processes of identification, search, and seizure C) Transmission of electronic communication D) All of the above
6. Under the new definitions in Section 2, "bail bond" specifically means: A) A personal bond B) An undertaking for release with surety C) An undertaking for release without surety D) A deposit made in lieu of surety
7. A "warrant-case" is defined under Section 2(1)(z) as a case relating to an offence punishable with: A) Death, imprisonment for life, or imprisonment for a term exceeding two years B) Imprisonment for a term exceeding seven years C) Imprisonment for a term exceeding one year D) Death or life imprisonment only
8. According to Section 2(1)(h), a "complaint" does not include: A) Oral allegations made to a Magistrate B) Written allegations made to a Magistrate C) A police report D) Allegations against unknown persons
9. "Investigation" under the BNSS includes all proceedings for the collection of evidence conducted by: A) A Magistrate B) A police officer or any person (other than a Magistrate) authorised by a Magistrate C) An Executive Magistrate only D) A Sessions Judge
10. "Victim" as defined in Section 2(1)(y) includes: A) Only the person who has suffered loss or injury B) The guardian of the person who suffered loss or injury C) The legal heir of the person who suffered loss or injury D) All of the above
11. A "non-cognizable offence" means an offence for which a police officer: A) May arrest without warrant B) Has no authority to arrest without warrant C) Must obtain a warrant from a Sessions Judge D) Can arrest only with the permission of the District Magistrate
12. According to Section 3(2), functions involving the appreciation or shifting of evidence or the formulation of a decision exposing a person to punishment shall be exercisable by: A) An Executive Magistrate B) A Judicial Magistrate C) A Special Executive Magistrate D) A Police Officer
13. "Inquiry" as defined in Section 2(1)(k) means every inquiry, other than a ____, conducted under this Sanhita by a Magistrate or Court. A) Investigation B) Trial C) Judicial proceeding D) Preliminary inquiry
14. Section 5 of the BNSS (Saving clause) states that in the absence of a specific provision, the Sanhita shall not affect: A) Any special or local law for the time being in force B) Any special jurisdiction or power conferred by any other law C) Any special form of procedure prescribed by any other law D) All of the above
15. Under Section 2(1)(o), a "non-cognizable case" is a case in which a police officer: A) Has no authority to arrest without warrant B) Can arrest only with a warrant from a Magistrate C) Is bound to refer the informant to the Magistrate D) Both A and B
16. According to the Explanation to Section 1, "tribal areas" are defined as the territories included in the tribal areas of Assam immediately before which date?
A) 26th January, 1950
B) 21st January, 1972
C) 15th August, 1947
D) 1st July, 2024
17. The BNSS, 2023 came into force on 1st July, 2024, except for the provisions of the entry relating to which specific section of the Bharatiya Nyaya Sanhita (BNS)?
A) Section 103(2)
B) Section 111
C) Section 106(2)
D) Section 152
18. Under the new definition in Section 2(1)(i), "electronic communication" means the communication of any written, verbal, pictorial information or video content transmitted by means of: A) An electronic device only
B) A telephone or mobile phone only
C) Any electronic device or electronic form as specified by the Central Government
D) Video conferencing tools only
19. As per the definitions in Section 2, what is the key legal distinction between a "bond" and a "bail bond"?
A) A bond is for bailable offences, while a bail bond is for non-bailable offences.
B) A bond is a personal bond or undertaking for release without surety, while a bail bond is an undertaking for release with surety.
C) A bail bond requires a cash deposit, whereas a bond only requires a signature.
D) There is no legal distinction between the two under the Sanhita.
20. According to Section 3(2)(b), which of the following functions are specifically categorized as administrative or executive and thus exercisable by an Executive Magistrate?
A) Appreciation or shifting of evidence
B) Formulation of a decision exposing a person to punishment
C) Granting, suspension, or cancellation of a license
D) Detention in custody pending investigation
21. The Explanation to Section 2(1)(l) regarding "investigation" clarifies that if the provisions of a Special Act are inconsistent with this Sanhita:
A) The Sanhita shall prevail in all procedural matters.
B) The provisions of the Special Act shall prevail.
C) The High Court must be consulted to resolve the inconsistency.
D) Both shall be applied equally, favoring the accused.
22. Under Section 2(1)(h), if a police officer's report discloses, after investigation, the commission of a non-cognizable offence, how is that report treated?
A) It is treated as a Police Report under Section 193(3).
B) It is deemed to be a complaint, and the police officer is deemed the complainant.
C) It is discarded, and the informant must file a fresh complaint.
D) It is treated as an information under Section 174.
23. "Judicial proceeding" as defined in Section 2(1)(m) includes any proceeding in the course of which evidence is or may be legally taken on:
A) Video recording
B) Written affidavit only
C) Oath
D) Audio-video electronic means
24. Section 5 of the BNSS (Saving clause) explicitly protects "special forms of procedure" prescribed by other laws. In this context, the Sanhita shall not affect such procedures:
A) Unless the High Court directs otherwise.
B) In the absence of a specific provision to the contrary in the BNSS.
C) Only if they relate to non-cognizable offences.
D) Only if the Supreme Court has previously validated them.
25. A "summons-case" is defined under Section 2(1)(x) as:
A) A case relating to an offence punishable with fine only.
B) A case relating to an offence, and not being a warrant-case.
C) A case where the punishment does not exceed seven years.
D) A case involving only compoundable offences.
26. Under Section 2(1)(b), "bail" is defined as:
A) The absolute release of an accused person from all legal obligations. B) The release of a person accused or suspected of an offence from the custody of law upon certain conditions and execution of a bond or bail bond. C) The temporary release of a convict on humanitarian grounds. D) The suspension of a sentence by the High Court.
27. As per Section 2(1)(c), a "bailable offence" means:
A) An offence punishable with less than three years of imprisonment. B) An offence shown as bailable in the First Schedule, or made bailable by any other law for the time being in force. C) Any offence where a police officer has the authority to grant release without a bond. D) Only those offences specifically listed in the Bharatiya Nyaya Sanhita, 2023.
28. The definition of "offence" under Section 2(1)(q) specifically includes any act in respect of which a complaint may be made under Section 20 of which Act?
A) The Police Act, 1861 B) The Indian Evidence Act, 1872 C) The Cattle Trespass Act, 1871 D) The Information Technology Act, 2000
29. According to Section 2(1)(r), if the "officer in charge of a police station" is absent or ill, who is included in that definition?
A) Any constable present at the station. B) The police officer present at the station-house who is next in rank to such officer and is above the rank of constable. C) Only the Sub-Inspector or Assistant Sub-Inspector. D) Any person authorized by the District Magistrate.
30. Under Section 2(1)(s), the term "place" includes which of the following?
A) A house and a building only. B) A tent and a vessel only. C) A house, building, tent, vehicle, and vessel. D) Any geographical area within the local jurisdiction.
31. Section 2(2) provides a rule for words and expressions used in the BNSS but not defined therein. Where should their meanings be sought?
A) The General Clauses Act, 1897 B) The Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 C) The Constitution of India D) The Indian Contract Act, 1872
32. "Public Prosecutor" as defined in Section 2(1)(v) means any person appointed under Section 18 and includes:
A) Any person acting under the directions of a Public Prosecutor. B) Only the Advocate General of the State. C) Any police officer conducting a prosecution. D) Any advocate with 10 years of experience.
For practising statement based questions, refer to PART B of this page.
Answers and Explanations
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C) 46
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C) 25th December, 2023
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C) 1st July, 2024 (Except the provision relating to Section 106(2) of the BNS)
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B) The State of Nagaland and the tribal areas
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D) All of the above (It covers video conferencing, recording processes, and electronic transmission)
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B) An undertaking for release with surety
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A) Death, imprisonment for life, or imprisonment for a term exceeding two years
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C) A police report (Section 2(1)(h) explicitly excludes it)
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B) A police officer or any person (other than a Magistrate) authorised by a Magistrate
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D) All of the above (The definition includes the person who suffered loss, their guardian, and legal heir)
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B) Has no authority to arrest without warrant
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B) A Judicial Magistrate
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B) Trial
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D) All of the above (Section 5 protects special laws, jurisdictions, and procedures)
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D) Both A and B (A police officer has no authority to arrest without a warrant in a non-cognizable case)
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B) 21st January, 1972
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C) Section 106(2) (This relates to the specific exception mentioned in the Date of Enforcement notification)
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C) Any electronic device or electronic form as specified by the Central Government
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B) A bond is a personal bond or undertaking for release without surety, while a bail bond is an undertaking for release with surety.
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C) Granting, suspension, or cancellation of a license (Section 3 clarifies that functions involving evidence appreciation are for Judicial Magistrates, while administrative ones are for Executive Magistrates)
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B) The provisions of the Special Act shall prevail.
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B) It is deemed to be a complaint, and the police officer is deemed the complainant.
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C) Oath
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B) In the absence of a specific provision to the contrary in the BNSS.
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B) A case relating to an offence, and not being a warrant-case.
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B) The release of a person accused or suspected of an offence from the custody of law upon certain conditions and execution of a bond or bail bond.
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B) An offence shown as bailable in the First Schedule, or made bailable by any other law for the time being in force.
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C) The Cattle Trespass Act, 1871.
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B) The police officer present at the station-house who is next in rank to such officer and is above the rank of constable.
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C) A house, building, tent, vehicle, and vessel.
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B) The Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.
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A) Any person acting under the directions of a Public Prosecutor.
ADVANCED PRELIMS Q & A ON CHAPTER I
BNSS Chapter I: Concept-Check Statement based Questions with Answers in the End
Based on Chapter I (Preliminary) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are various types of examination questions designed to test your understanding of the provisions, new definitions, and legal concepts.
Statement-Based Questions
List 1 and List 2 Matching Questions
Assertion and Reason Based Questions
True & False Statement Based Questions
I. Statement-Based Questions
Q1. Consider the following statements regarding the extent and commencement of the BNSS, 2023:
Statement I: The provisions of this Sanhita apply to the whole of India, including the State of Nagaland and the tribal areas, without any exceptions.
Statement II: The Sanhita came into force on July 1, 2024, with the specific exception of the provision relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Which of the statements given above is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q2. Evaluate the following statements regarding the definition of 'Victim' and 'Complaint' under Section 2:
Statement I: A 'victim' is defined as a person who has suffered any loss or injury caused by the act or omission of the accused, and explicitly includes their guardian or legal heir.
Statement II: A 'complaint' includes any oral or written allegation made to a Magistrate, including a police report, for the purpose of taking action.
Which of the statements given above is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
II. List 1 and List 2 Matching Questions
Q3. Match the terms in List I with their corresponding legal meanings in List II according to Section 2(1):
List I (Terms) List II (Legal Meaning)
A. Bail 1. A personal bond or undertaking for release without surety.
B. Bond 2. Release from the custody of law upon conditions and execution of an undertaking.
C. Bail Bond 3. Any proceeding where evidence is or may be legally taken on oath.
D. Judicial Proceeding 4. An undertaking for release with surety.
Codes:
A) A-2, B-1, C-4, D-3
B) A-1, B-2, C-3, D-4
C) A-2, B-4, C-1, D-3
D) A-4, B-3, C-2, D-1
Q4. Match the specific clause in Section 2(1) with the definition it provides:
List I (Section Clause) List II (Definition)
A. Section 2(1)(a) 1. Police report.
B. Section 2(1)(i) 2. Audio-video electronic means.
C. Section 2(1)(t) 3. Electronic communication.
D. Section 2(1)(v) 4. Public Prosecutor.
Codes:
A) A-1, B-2, C-3, D-4
B) A-2, B-3, C-1, D-4
C) A-3, B-1, C-4, D-2
D) A-2, B-4, C-3, D-1
III. Assertion and Reason Based Questions
Q5. Choose the correct option:
Assertion (A): In any district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
Reason (R): Section 3(1) of the BNSS mandates that references to a 'Magistrate' without qualifying words shall be construed as a reference to a Judicial Magistrate of the appropriate class in that area.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is not the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Q6. Choose the correct option:
Assertion (A): Functions relating to the granting, suspension, or cancellation of a license are exercisable by an Executive Magistrate.
Reason (R): According to Section 3(2)(b), administrative or executive functions are delegated to Executive Magistrates, while those involving evidence appreciation are for Judicial Magistrates.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is not the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Q7. Consider the following statements regarding Section 4 (Trial of offences):
Statement I: All offences under the Bharatiya Nyaya Sanhita, 2023, must be investigated and tried according to the provisions of the BNSS.
Statement II: Offences under any other law (Special or Local laws) are exempt from the BNSS and must always follow their own unique procedure.
Which of the statements given above is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q8. Consider the following statements regarding the application of the BNSS, 2023:
Statement I: The State Government of Nagaland has the power to apply the provisions of the Sanhita (other than Chapters IX, XI, and XII) to the whole or part of the State by notification.
Statement II: For the purposes of Section 1, "tribal areas" include the territories within the local limits of the municipality of Shillong as they existed before 21st January, 1972.
Which of the statements given above is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q9. Choose the correct option:
Assertion (A): The Bharatiya Nagarik Suraksha Sanhita, 2023, does not automatically override the specific procedures prescribed by a special or local law currently in force.
Reason (R): Section 5 of the Sanhita (Saving clause) provides that in the absence of a specific provision to the contrary, the Sanhita shall not affect any special jurisdiction, power, or form of procedure prescribed by any other law.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is not the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Q10. Choose the correct option:
Assertion (A): If a Special Act contains investigation procedures that differ from those in the BNSS, the police must follow the procedure laid down in the BNSS to ensure uniformity.
Reason (R): The Explanation to Section 2(1)(l) explicitly states that where any provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is not the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Answers and Explanations
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B) Only II. Statement I is incorrect because the provisions of the BNSS (other than Chapters IX, XI, and XII) do not apply to Nagaland and tribal areas unless specifically notified by the State Government.
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A) Only I. Statement II is incorrect because a 'complaint' specifically excludes a police report under Section 2(1)(h).
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A) A-2, B-1, C-4, D-3. Section 2(1)(b) defines Bail, 2(1)(e) defines Bond, 2(1)(d) defines Bail Bond, and 2(1)(m) defines Judicial Proceeding.
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B) A-2, B-3, C-1, D-4. Audio-video electronic means (a), electronic communication (i), police report (t), and Public Prosecutor (v).
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B) Both A and R are true, but R is not the correct explanation of A. While both are accurate provisions of the Sanhita, the rule of construction in Section 3 is not the underlying reason why the High Court appoints a CJM under Section 10.
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A) Both A and R are true, and R is the correct explanation of A. Section 3(2) explicitly divides functions based on whether they are judicial (shifting evidence) or administrative (licensing) in nature.
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A) Only I. Statement II is incorrect because under Section 4(2), offences under other laws are also investigated and tried under the BNSS, but subject to any specific enactment regulating those proceedings
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A) Only I. Explanation: Statement I is correct under Section 1(2). Statement II is incorrect because the territories within the local limits of the municipality of Shillong are explicitly excluded from the definition of "tribal areas" under the Explanation to Section 1.
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A) Both A and R are true, and R is the correct explanation of A. Explanation: Section 5 serves as a "Saving clause" designed to protect the integrity of special or local laws unless the BNSS specifically states otherwise.
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D) A is false but R is true. Explanation: Assertion (A) is false because the BNSS does not mandate its own procedure over a Special Act in case of a conflict. Instead, the Special Act takes precedence as clarified by the Explanation to Section 2(1)(l) and the notes in the sources.
READY- RECKONER - MNEMONIC TRICK FOR BNSS DEFINITION SECTION 2(1) MEMORY TRICK
For memorising the definitions in Section 2(1) of the BNSS, one can use the following alphabetical mnemonics. Since Section 2(1) defines terms from (a) to (z), linking each letter to the concept is the most effective way to memorize them.
Mnemonic Tricks for BNSS Section 2(1) Definitions
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(a) Audio-video Electronic Means: Think A is for Audio-visual technology.
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(b) Bail: B for the Basic release process.
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(c) Can I get bail?: C for Bailable Offence (knowing if you can get bail as a right).
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(d) Deed with Surety: D is for Bail Bond (a document/undertaking with a surety).
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(e) Empty Surety: E is for Bond (think of it as an "empty" bond because it is a personal bond without surety).
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(f) Framing: F for the Framing of a Charge.
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(g) Grave Offence: G for Cognizable Offence (serious/grave crimes where police can arrest without a warrant).
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(h) Help from Magistrate: H for Complaint (you go to the Magistrate crying for Help).
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(i) Internet: I for Electronic Communication (communication via the internet/electronic devices).
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(j) Justice’s House: J for High Court (the highest justice house in a State).
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(k) Kourt Inquiry: K for Inquiry (proceedings done by the Kourt/Magistrate, not a trial).
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(l) Law enforcement Work: L for Investigation (done by a Law/police officer to collect evidence).
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(m) Magistrate's Oath: M for Judicial Proceeding (where evidence is taken on oath before a Magistrate).
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(n) Neighbourhood: N for Local Jurisdiction (the specific neighbourhood/area where a court has power).
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(o) Ordinary Offence: O for Non-Cognizable Offence (ordinary crimes where police cannot arrest without a warrant).
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(p) Published: P for Notification (a notice published in the Official Gazette).
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(q) Questionable Act: Q for Offence (an act that is questionable and punishable by law).
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(r) Ruler of the Station: R for Officer in Charge of a police station.
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(s) Site: S for Place (includes house, building, vessel—the site of the crime).
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(t) Telling the Facts: T for Police Report (the police tell the facts to the Magistrate).
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(u) Unit: U for Police Station (the basic unit/post declared by the government).
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(v) Vakil: V for Public Prosecutor (the government's vakil appointed under section 18).
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(w) Ward: W for Sub-division (a smaller ward/division of a district).
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(x) X-tra Light Case: X for Summons-case (cases that are not warrant cases—less serious ones).
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(y) You are Hurt: Y for Victim (the person who was hurt by the act).
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(z) Zero Survival Chance: Z for Warrant-case (the most serious cases involving death, life imprisonment, or more than 2 years).
"The New Five"
Five definitions are newly inserted in the BNSS:
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(a) Audio-video
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(b) Bail
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(d) Bail bond
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(e) Bond
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(i) Electronic communication
QUICK TEST :
If offence is punishable with imprisonment of 3 years under some law other than BNS and nothing is provided with respect to the nature of offence, then how will the Investigating officer determine whether he can arrest the person without warrants (cognizable/non cognizable)?
Answer: Offence is punishable with imprisonment of 3 years, then it is a cognizable, non-bailable & triable by magistrate of first class. (source- part II TABLE of first schedule of BNSS)
*If offence is punishable with less than 3 years of imprisonment or with fine - Non-cog/ bailable and it is triable by any magistrate.
*If offence is punishable with imprisonment for 3 years and upwards but not more than 7 years - Cognizable/ non bailable and it is triable by magistrate of first class.
*If offence is punishable with death/ imprisonment for life/ imprisonment for more than 7 years- Cognizable/ non bailable and it is triable by Court of Session
Have You Read The Index of BNSS ? If Yes, Then Answer Following Questions :
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(a) How many chapters are there in the BNSS?
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(b) How many schedules are there in the BNSS?
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(d) How many columns are there in part I of the first schedule of BNSS?
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(e) If part I of first schedule deals with the classification of offences under BNS then part II deals with what kind of offences?
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(i) What are the contents of the second schedule of BNSS?
ANSWERS:
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a) XXXIX 39 chapters, 531 sections
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b) Two [ first schedule deals with classification of offences - part I deals with offences under BNS and part II deals with classification of offences under other laws ]
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c) Six - 1) section 2) offence 3)punishment 4) cognizable or non cognizable 5)Bailable/Non-bailable 6) By what Court Triable
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d) offences under other law
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e) Sample forms for different processes like summons/ warrants, notices, bonds etc. to ensure uniformity across India. Total 58 forms are provided in the second schedule.