Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 represents a pivotal advancement in India's legal framework, specifically designed to reform and modernize criminal procedures. Among its many provisions, it meticulously outlines the procedures for proceedings before a Magistrate following an arrest, whether the cognizance is taken from private complaints or police reports. These provisions ensure that the legal processes are transparent, fair, and just, balancing the rights of the complainant and the accused while upholding the rule of law. This blog delves into the detailed steps and key sections of the BNSS that govern the proceedings before a Magistrate after an arrest.
Understanding Cognizance
Before delving into the specifics of sections, it's crucial to grasp the concept of cognizance. In legal terms, cognizance refers to the act of a magistrate taking judicial notice of an offence.
Key Sections
Section 210: Cognizance of Offences by Magistrates
Section 210 is a pivotal part of BNSS, which outlines the process through which a magistrate takes cognizance of an offence. The magistrate may take cognizance upon receiving a complaint of facts constituting the offence, upon a police report, or upon information received from any person other than a police officer. This section empowers the magistrate to act upon credible information and initiate judicial proceedings.
Sub-sections:
(1) Any Magistrate of the first class, and any Magistrate of the second class specially empowered, may take cognizance of any offence:
(a) Upon receiving a complaint of facts, including any complaint filed by a person authorized under any special law.
(b) Upon a police report (submitted in any mode including electronic mode) of such facts (c) Upon information received from any person other than a police officer, or upon the magistrate's own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance of such offences as are within his competence to inquire into or try.
Section 223: Examination of Complainant
Section 223 mandates the examination of the complainant and any witnesses present under oath. This preliminary examination helps the magistrate ascertain whether there is a prima facie case against the accused. The examination is conducted to establish the credibility and substance of the complaint before proceeding further.
Key Points:
(1) A Magistrate, while taking cognizance of an offence on complaint, shall examine upon oath the complainant and the witnesses present, if any. The substance of such examination shall be reduced to writing and signed by the complainant, the witnesses, and the Magistrate.
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.
If the complaint is made in writing by a public servant acting in discharge of official duties or by a court, the Magistrate need not examine the complainant and the witnesses.
If the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212, the latter Magistrate need not re-examine the complainant and witnesses.
(2) A Magistrate shall not take cognizance of a complaint against a public servant for any offence alleged to have been committed in the course of discharge of his official functions or duties unless:
Such public servant is given an opportunity to make assertions regarding the incident.
A report containing facts and circumstances of the incident from the superior officer of such public servant is received.
Section 227: Issue of Process
After the examination under Section 223, if the magistrate finds sufficient grounds to proceed, Section 227 empowers the magistrate to issue a process. This involves summoning the accused to appear before the court.
Details:
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be:
(a) A summons-case, he shall issue summons to the accused for his attendance.
(b) A warrant-case, he may issue a warrant or, if he thinks fit, a summons for causing the accused to be brought or to appear at a certain time before such Magistrate or another Magistrate having jurisdiction.
Provided that summons or warrants may also be issued through electronic means.
(2) No summons or warrant shall be issued against the accused until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a written complaint, every summons or warrant issued shall be accompanied by a copy of such complaint.
(4) No process shall be issued until the necessary fees are paid, and if not paid within a reasonable time, the Magistrate may dismiss the complaint.
(5) This section does not affect the provisions of section 90.
Section 230: Supply of Documents to the Accused
Section 230 ensures that the accused is provided with copies of relevant documents, such as the police report, statements, and other evidence, which are necessary for preparing a defense.
Importance:
In cases instituted on a police report, the Magistrate shall, without delay and not beyond fourteen days from the date of production or appearance of the accused, furnish the accused and the victim (if represented by an advocate) with copies of:
The police report.
The first information report recorded under section 173.
Statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses.
Confessions and statements, if any, recorded under section 183.
Any other document or relevant extract thereof forwarded to the Magistrate with the police report.
The Magistrate may direct that a copy of a part of the statement or document be furnished to the accused if deemed proper.
If any document is voluminous, the Magistrate may provide copies electronically or allow inspection in court.
Section 232: Commitment of Case to Court of Session
For offences that are exclusively triable by a Court of Session, Section 232 mandates the magistrate to
commit the case to the Court of Session. This involves forwarding all documents and evidence collected to the higher court.
Procedure:
When the accused appears or is brought before the Magistrate and the offence is triable exclusively by the Court of Session, the Magistrate shall:
Commit the case to the Court of Session after complying with sections 230 or 231.
Remand the accused to custody until the commitment is made and during the trial, subject to bail provisions.
Send to the Court of Session the record of the case, documents, and articles to be produced as evidence.
Notify the Public Prosecutor of the commitment.
The proceedings under this section shall be completed within ninety days from the date of taking cognizance, extendable up to 180 days with recorded reasons.
Any application by the accused or victim shall be forwarded to the Court of Session with the committal of the case.
Section 94: Summons to Produce
Section 94 deals with the issuance of summons to produce documents or other items relevant to the case. The magistrate can summon any person to produce a document or thing necessary for the investigation, inquiry, or trial.
Sub-sections:
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed:
(a) To affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers' Books Evidence Act, 1891.
(b) To apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.
Conclusion
The new legal provisions mark a transformative step in the Indian criminal justice system, providing detailed and structured procedures for Magistrates to follow taking cognizance of offences. By clearly defining the roles and responsibilities of the Magistrates, these reforms aim to ensure that justice is administered efficiently and fairly. The provisions discussed—from the initial cognizance of the offence to the commitment of cases to the Court of Session and the procedures for extended detention—illustrate a comprehensive approach to handling criminal cases. These reforms are designed to uphold the rights of all parties involved and to foster a judicial environment where due process is rigorously followed, ultimately strengthening the legal framework in India.
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