Definitions, classification of offences, and the courts, prosecution and police under the BNSS

1. Definitions in section 2 (old s.2 CrPC)

• Audio-video electronic means (s.2(1)(a), new): includes use of any communication device for video conferencing, recording of identification, search and seizure or evidence, and transmission of electronic communication.
• Bail (s.2(1)(b), new): release of a person accused or suspected of an offence from the custody of law upon conditions imposed by an officer or Court, on execution by him of a bond or bail bond.
• Bailable offence (s.2(1)(c)): one shown as bailable in the First Schedule or made bailable by another law; every other offence is non-bailable.
• Bail bond (s.2(1)(d), new): an undertaking for release with surety.
• Bond (s.2(1)(e), new): a personal bond or an undertaking for release without surety.
• Cognizable offence (s.2(1)(g)): one for which a police officer may arrest without warrant under the First Schedule or any other law. Non-cognizable (s.2(1)(o)): one for which he has no such authority.
• Complaint (s.2(1)(h)): any allegation, oral or written, made to a Magistrate with a view to his taking action, that some person, known or unknown, has committed an offence; it does not include a police report. A police report disclosing a non-cognizable offence after investigation is deemed a complaint.
• Inquiry (s.2(1)(k)): every inquiry, other than a trial, conducted by a Magistrate or Court.
• Investigation (s.2(1)(l)): all proceedings for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) authorised by a Magistrate. A new Explanation says that where a special Act is inconsistent with the Sanhita, the special Act prevails.
• Victim (s.2(1)(y)): a person who has suffered any loss or injury caused by the act or omission of the accused, including his guardian or legal heir.
• Warrant-case (s.2(1)(z)): a case relating to an offence punishable with death, imprisonment for life or imprisonment exceeding two years. Summons-case (s.2(1)(x)): any other case.

2. Classification of offences

Offences are classified four ways: cognizable or non-cognizable; bailable or non-bailable; compoundable or non-compoundable (s.359); and by the court that can try them. For BNS offences the First Schedule, Part I, gives the classification section by section. For offences under other laws Part II gives a general rule:

• punishable with death, life imprisonment or more than 7 years: cognizable, non-bailable, triable by the Court of Session;
• punishable with 3 years and upwards but not more than 7 years: cognizable, non-bailable, triable by a Magistrate of the first class;
• punishable with less than 3 years or fine only: non-cognizable, bailable, triable by any Magistrate.

3. Classes of criminal courts (ss.6–17; old ss.6–23)

Besides the High Courts and courts constituted under other laws, every State has four classes of criminal courts (s.6): Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class and Executive Magistrates. The CrPC's Metropolitan Magistrates and Assistant Sessions Judges do not appear in the BNSS list.

• Territorial divisions (s.7): every State is a sessions division or consists of sessions divisions; each is a district or consists of districts. The State Government alters them after consulting the High Court.
• Court of Session (s.8): established by the State Government for every sessions division and presided over by a Sessions Judge appointed by the High Court, which may also appoint Additional Sessions Judges.
• Judicial Magistrates (s.9): courts of the first and second class established by the State Government after consulting the High Court; presiding officers appointed by the High Court. Special Courts of Judicial Magistrates may be set up for particular cases.
• Chief Judicial Magistrate (s.10): appointed by the High Court in every district from among Judicial Magistrates of the first class; Additional CJMs and Sub-divisional Judicial Magistrates may also be appointed.
• Special Judicial Magistrates (s.11): persons holding or having held a post under Government, appointed by the High Court for a term not exceeding one year at a time.
• Subordination (s.13): the CJM is subordinate to the Sessions Judge; other Judicial Magistrates are subordinate to the CJM.
• Executive Magistrates (ss.14–17): appointed by the State Government; one is the District Magistrate. Special Executive Magistrates may include police officers not below the rank of Superintendent of Police (s.15). They deal with security proceedings, public order and similar matters, not trials.

4. Powers of courts: sentences (ss.21–29; old ss.26–35)

• Which court tries what (s.21): a BNS offence may be tried by the High Court, the Court of Session, or any court shown in the First Schedule. Offences under BNS ss.64 to 71 (rape and allied offences) shall be tried, as far as practicable, by a court presided over by a woman.
• High Court (s.22(1)): any sentence authorised by law.
• Sessions Judge or Additional Sessions Judge (s.22(2)): any sentence authorised by law, but a death sentence is subject to confirmation by the High Court.
• Chief Judicial Magistrate (s.23(1)): any sentence except death, life imprisonment or imprisonment exceeding seven years.
• Magistrate of the first class (s.23(2)): imprisonment up to three years, fine up to fifty thousand rupees, or both, or community service.
• Magistrate of the second class (s.23(3)): imprisonment up to one year, fine up to ten thousand rupees, or both, or community service.
• Community service is explained as unpaid work that the Court orders a convict to perform as a punishment that benefits the community.
• Default imprisonment (s.24): within the Magistrate's powers and not more than one-fourth of the substantive term he can impose.
• Several offences at one trial (s.25): treated in the note on sentences and appeals.
• Successors-in-office (s.29): a Judge's or Magistrate's powers may be exercised by his successor; in case of doubt the Sessions Judge, CJM or District Magistrate decides who the successor is.

5. The prosecution (ss.18–20; old ss.24–25A)

• Public Prosecutors (s.18): for every High Court, appointed by the Central or State Government after consulting the High Court; for every district, by the State Government from a panel prepared by the District Magistrate in consultation with the Sessions Judge, or from the regular cadre of prosecuting officers where one exists. Eligibility: seven years' practice as an advocate. A Special Public Prosecutor needs ten years' practice (s.18(8)), and the Court may permit the victim to engage an advocate of choice to assist the prosecution.
• Assistant Public Prosecutors (s.19): appointed for the courts of Magistrates. A police officer may be appointed only if he is not below the rank of Inspector and took no part in the investigation.
• Directorate of Prosecution (s.20): a State Directorate headed by a Director (15 years' practice or a Sessions Judge), and District Directorates. The Director monitors cases punishable with ten years or more, life or death and gives opinions on filing appeals; Deputy Directors scrutinise police reports and monitor cases of seven to ten years; Assistant Directors monitor cases below seven years.

Functions and duties. In every trial before a Court of Session the prosecution is conducted by a Public Prosecutor (s.248). The PP or APP may appear without written authority (s.338(1)). A private person's advocate acts under the PP's directions and may file written arguments after evidence closes (s.338(2)). A Magistrate may permit anyone other than a police officer below the rank of inspector to conduct the prosecution (s.339). The PP may, with the consent of the Court, withdraw from the prosecution before judgment, but only after the victim has been heard (s.360). A PP is an officer of the Court, not a counsel for the police. In Shiv Kumar v. Hukam Chand, 1999 INSC 363, (1999) 7 SCC 467, the Court held that a PP must be fair to the accused as well and that a private complainant's advocate cannot take over the conduct of a sessions prosecution; he can only assist under the PP's direction.

6. The police (ss.30–34 and Chapter XIII)

The BNSS does not create the police force; that is done by the Police Acts of the States. It confers powers and duties:

• superior officers may exercise the powers of an officer in charge of a police station throughout their area (s.30);
• the public is bound to assist a Magistrate or police officer in arrest, preventing a breach of the peace and protecting public property (s.31), and must report specified grave offences (s.33);
• the officer in charge of a police station registers information (ss.173, 174), investigates cognizable cases (s.175), arrests (s.35), searches (s.185) and files the police report (s.193);
• preventive powers: to interpose to prevent cognizable offences and arrest to prevent their commission (ss.168–172).

How this is examined

“Describe the constitution and powers of criminal courts under BNSS” (February and June 2025) and “Explain the powers and functions of courts” (January 2026) are answered with section 6, the appointment provisions (ss.8–17), and the sentencing table in ss.22–23 with community service, ending with s.21's woman-judge proviso. “Functions, duties and powers of prosecution” (June 2025) needs ss.18–20, 248, 338–339 and 360, with Shiv Kumar v. Hukam Chand on the PP's duty of fairness. Definitions such as bail, bond and victim make short notes.