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BNSS 02 - Class Notes

The document outlines the structure and powers of various criminal courts and magistrates as per the Bharatiya Nyaya Sanhita, 2023. It details the classes of courts, their jurisdiction, the appointment and powers of judges and magistrates, and the roles of public prosecutors. Additionally, it specifies the trial processes for offenses and the sentencing powers of the High Court and Sessions Judges.

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0% found this document useful (0 votes)
247 views43 pages

BNSS 02 - Class Notes

The document outlines the structure and powers of various criminal courts and magistrates as per the Bharatiya Nyaya Sanhita, 2023. It details the classes of courts, their jurisdiction, the appointment and powers of judges and magistrates, and the roles of public prosecutors. Additionally, it specifies the trial processes for offenses and the sentencing powers of the High Court and Sessions Judges.

Uploaded by

fxvinuk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

BNSS

Sec 21 – Sec 34

Lecture - 02 By – Karan Sangwan


Topics
1 Constitution of Criminal Court and Offices (Sec 6 – Sec 20) Chapter - II

2 Power of Courts (Sec 21 – Sec 29) Chapter - III

3 POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE
POLICE (Sec 30 – Sec 34) Chapter - IV
Section 6 - Classes of Criminal Courts

Apart from High Courts and courts constituted under other laws, every state has the following
classes of criminal courts:
[Link] of Session – Higher courts dealing with serious offenses, presided over by a Sessions
Judge.
[Link] Magistrates of the First Class – Handle cases of moderate severity and have higher
sentencing powers than Second Class Magistrates.
[Link] Magistrates of the Second Class – Deal with less serious offenses with limited sentencing
powers.
[Link] Magistrates – Primarily responsible for administrative and preventive jurisdiction,
maintaining public order.
Section 7 – Territorial Divisions

•State Division for Judicial Purposes:


•Each State will either be a single Sessions Division or will have multiple Sessions
Divisions.
•Each Sessions Division will be either a district or consist of multiple districts.
•Power of State Government:
•The State Government, in consultation with the High Court, can:
[Link] the number or boundaries of Sessions Divisions and Districts.
[Link] districts into sub-divisions and modify their boundaries.
•Continuity of Existing Divisions:
•All Sessions Divisions, Districts, and Sub-Divisions existing at the commencement of this
Sanhita will be considered validly formed under this provision.
Section 8 – Court of Session

•Establishment of Court of Session:


•The State Government shall establish a Court of Session for each Sessions Division.
•The High Court appoints the Sessions Judge to preside over the Court.
•Appointment of Additional Sessions Judges:
•The High Court may appoint Additional Sessions Judges to exercise jurisdiction in the
Court of Session.
•A Sessions Judge of one Sessions Division can be appointed as an Additional
Sessions Judge of another division, allowing them to handle cases at different locations as
directed by the High Court.
•Handling of Urgent Matters:
•If the Sessions Judge’s office is vacant, the High Court can authorize an Additional
Sessions Judge or, if none is available, the Chief Judicial Magistrate (CJM) to dispose of
urgent applications.
•Similarly, the Sessions Judge can make arrangements for urgent applications in their
absence.
Section 8 – Court of Session

•Place of Sitting:
•The Sessions Court ordinarily functions at locations notified by the High Court.
•However, for convenience of parties and witnesses, and with consent from both the
prosecution and the accused, the court can hold sittings at any other location within the
Sessions Division.
•Distribution of Work:
•The Sessions Judge is empowered to allocate cases among Additional Sessions
Judges.
•Explanation:
•The term "appointment" excludes initial recruitment, posting, or promotion, which are
done by the Government under applicable laws.
Section 9 - Courts of Judicial Magistrates

•Establishment of Judicial Magistrate Courts:


•Every district shall have as many Courts of Judicial Magistrates of the First Class and Second
Class as the State Government may decide.
•The State Government, in consultation with the High Court, will determine the number and locations
of these courts through notification.
•Special Courts of Judicial Magistrates:
•The State Government, after consulting the High Court, may establish Special Courts of Judicial
Magistrates (First Class or Second Class) for a specific local area to handle particular cases or
classes of cases.
•Once a Special Court is established for certain cases, other Magistrate Courts in that area lose
jurisdiction over those cases.
•Appointment of Presiding Officers:
•The High Court appoints Judicial Magistrates to preside over these courts.
•Conferring Magistrate Powers to Civil Judges:
•The High Court may grant Judicial Magistrate First Class or Second Class powers to any
member of the Judicial Service functioning as a Judge in a Civil Court, whenever deemed
necessary or expedient.
Section 10 - Chief Judicial Magistrate and Additional Chief
Judicial Magistrate, etc.

•Appointment of Chief Judicial Magistrate (CJM):


•The High Court shall appoint a Judicial Magistrate of the First Class as the Chief Judicial
Magistrate (CJM) in every district.
•Appointment of Additional Chief Judicial Magistrate (ACJM):
•The High Court may appoint any Judicial Magistrate of the First Class as an Additional Chief
Judicial Magistrate (ACJM).
•The ACJM will have some or all of the powers of the CJM, as directed by the High Court.
•Appointment of Sub-Divisional Judicial Magistrate (SDJM):
•The High Court may designate a Judicial Magistrate of the First Class as a Sub-Divisional
Judicial Magistrate (SDJM) in any sub-division.
•The High Court can relieve the SDJM of these responsibilities when necessary.
•Powers of the Sub-Divisional Judicial Magistrate (SDJM):
•The SDJM will function under the general control of the Chief Judicial Magistrate (CJM).
•The High Court may assign the SDJM supervisory and control powers over the Judicial Magistrates
(excluding ACJMs) within the sub-division through general or special orders.
Section 11 - Special Judicial Magistrates

•Appointment and Powers:


•The High Court can appoint Special Judicial Magistrates if requested by the Central or State
Government.
•These magistrates can be conferred all or specific powers of a Judicial Magistrate (First Class or
Second Class).
•Their jurisdiction applies to particular cases or particular classes of cases in a specified local
area.
•Eligibility Criteria:
•The appointed person must have held or currently hold a government post.
•The High Court will set rules regarding qualifications or legal experience required for
appointment.
•Term of Appointment:
•Special Judicial Magistrates are appointed for a term not exceeding one year at a time.
•The High Court can specify the term through general or special orders.
Section 12 - Local Jurisdiction of Judicial Magistrates

•Definition of Local Jurisdiction:


•The Chief Judicial Magistrate (CJM), under the control of the High Court, has the authority to define
the local limits within which Judicial Magistrates (appointed under Section 9 or Section 11) can
exercise their powers.
•Special Judicial Magistrates may hold sittings anywhere within their designated local area.
•Extent of Jurisdiction:
•By default, a Judicial Magistrate's jurisdiction extends throughout the district unless specifically
defined otherwise.
•Magistrates with Jurisdiction Beyond One District:
•If a Judicial Magistrate's jurisdiction extends beyond the district where they normally hold court,
then:
•References to the Court of Session or Chief Judicial Magistrate in that area will mean the
respective authorities in the district where the Magistrate exercises jurisdiction.
•The interpretation applies unless stated otherwise in a specific legal context.
Section 13 - Subordination of Judicial Magistrates

•Hierarchy of Judicial Magistrates:


[Link] Judicial Magistrate (CJM) is subordinate to the Sessions Judge.
[Link] other Judicial Magistrates are subordinate to the CJM, under the general control of the
Sessions Judge.
•Power of CJM Over Subordinate Magistrates:
•The CJM has the authority to:
•Frame rules or issue special orders regarding the distribution of cases among Judicial
Magistrates.
•Ensure that the business of subordinate courts is conducted as per the Sanhita.
Section 14 - Executive Magistrates

•Appointment of Executive Magistrates:


•The State Government may appoint Executive Magistrates in every district.
•One of them shall be designated as the District Magistrate (DM).
•Additional District Magistrate (ADM):
•The State Government may appoint an Executive Magistrate as an Additional District Magistrate (ADM).
•The ADM will have some or all powers of a District Magistrate (DM) as specified by the State Government.
•Temporary Succession of District Magistrate’s Office:
•If the DM's office becomes vacant, an officer temporarily succeeding to the district’s executive administration
shall exercise all powers of the DM until the State Government issues new orders.
•Sub-Divisional Magistrate (SDM):
•The State Government may appoint an Executive Magistrate as the Sub-Divisional Magistrate (SDM) to be in
charge of a sub-division.
•The State Government can also relieve an SDM from duty when necessary.
•Delegation of Powers:
•The State Government may delegate its powers (under sub-section 4) to the District Magistrate, who can then
place an Executive Magistrate in charge of a sub-division.
•Commissioner of Police as Executive Magistrate:
•The State Government can confer Executive Magistrate powers on a Commissioner of Police under any
existing law.
Section 15 - Special Executive Magistrates

•Appointment of Special Executive Magistrates (SEM):


•The State Government has the power to appoint Special Executive Magistrates (SEM) for:
[Link] areas or
[Link] functions
•Eligibility for Appointment:
•The State Government may appoint:
•Executive Magistrates
•Police officers not below the rank of Superintendent of Police (SP) or equivalent
•Powers and Functions:
•The State Government can confer any powers of an Executive Magistrate on a Special
Executive Magistrate as deemed necessary.
•The term of appointment is decided by the State Government.
Section 16 - Local Jurisdiction of Executive

•Defining Jurisdiction of Executive Magistrates:


•The District Magistrate (DM), under the control of the State Government, has the authority to:
•Define the local limits where Executive Magistrates can exercise their powers under this
Sanhita.
•Modify these limits as required.
•Extent of Jurisdiction:
•By default, an Executive Magistrate's jurisdiction extends throughout the district unless
specifically defined otherwise.
Section 17 - Subordination of Executive Magistrates

•Hierarchy of Executive Magistrates:


•All Executive Magistrates are subordinate to the District Magistrate (DM).
•Executive Magistrates working in a sub-division are also subordinate to the Sub-Divisional
Magistrate (SDM).
•The DM retains general control over all Executive Magistrates, including those reporting to the
SDM.
•Authority of the District Magistrate:
•The DM has the power to:
•Issue rules or special orders for distributing or allocating work among subordinate Executive
Magistrates.
•Ensure that Executive Magistrates function in line with this Sanhita.
Section 18 - Public Prosecutors

1. Appointment of Public Prosecutors for High Courts:


•The Central Government or State Government, in consultation with the High Court, appoints a Public Prosecutor
(PP) for every High Court.
•Additional Public Prosecutors (APPs) may also be appointed.
•For Delhi, the Central Government, after consulting the Delhi High Court, appoints the PP and APPs.
2. Appointment of Public Prosecutors at the District Level:
•The Central Government may appoint PPs for any district or local area.
•The State Government shall appoint a PP for each district and may also appoint APPs.
•A PP/APP appointed for one district may also be appointed in another district.
3. Selection Process for District Public Prosecutors:
•The District Magistrate (DM), in consultation with the Sessions Judge, prepares a panel of eligible candidates.
•The State Government can only appoint a PP or APP from this panel.
4. Appointment from the Prosecuting Cadre:
•If a State has a regular Cadre of Prosecuting Officers, the State Government must appoint a PP or APP from that
cadre.
•Exception: If no suitable candidate is available, the State Government can select a PP/APP from the DM’s panel.
Section 18 - Public Prosecutors

5. Definitions:
•Regular Cadre of Prosecuting Officers: A structured cadre that includes the post of Public Prosecutor and
allows promotion from Assistant Public Prosecutors (APPs).
•Prosecuting Officer: Any officer appointed to perform the duties of a PP, Special Public Prosecutor (SPP),
APP, or Assistant PP under this Sanhita.
6. Eligibility Criteria:
•Public Prosecutor or Additional Public Prosecutor:
• Must have at least 7 years of advocacy practice.
•Special Public Prosecutor (SPP):
• Appointed for specific cases or classes of cases.
• Must have at least 10 years of advocacy practice.
• Victim's Right: The court may allow a victim to engage an advocate to assist the prosecution.
•Counting of Experience:
• Service as a PP, APP, Assistant PP, or Prosecuting Officer shall be counted as legal practice for
eligibility.
Section 19 - Assistant Public Prosecutors

1. Appointment of Assistant Public Prosecutors (APPs):


•State Government:
• Shall appoint one or more Assistant Public Prosecutors (APPs) in every district to
conduct prosecutions in the Courts of Magistrates.
•Central Government:
• May appoint one or more APPs for conducting specific cases or classes of cases in
the Courts of Magistrates.
2. Temporary Appointment in Case of Unavailability:
•If no APP is available for a specific case, the District Magistrate (DM) may:
• Appoint any other qualified person as the APP in charge of that case.
• Must provide 14 days' notice to the State Government before making the
appointment.
3. Restrictions on Police Officers as APPs:
•A police officer cannot be appointed as an APP if:
• (a) He was involved in the investigation of the case.
• (b) He holds a rank below Inspector.
Section 20 - Directorate of Prosecution

1. Establishment of Directorate of Prosecution:


•The State Government may establish:
• A State-level Directorate of Prosecution, consisting of:
• Director of Prosecution
• Deputy Directors of Prosecution (as required)
• A District-level Directorate of Prosecution, consisting of:
• Deputy Directors of Prosecution
• Assistant Directors of Prosecution
2. Eligibility Criteria:
•Director of Prosecution / Deputy Director of Prosecution:
• Must have at least 15 years of advocacy practice or
• Must be or have been a Sessions Judge.
•Assistant Director of Prosecution:
• Must have at least 7 years of advocacy practice or
• Must have been a Magistrate of the First Class.
Section 20 - Directorate of Prosecution

3. Administrative Structure & Subordination:


•The Director of Prosecution heads the Directorate of Prosecution and operates under the
Home Department of the State Government.
•Subordination hierarchy:
• Deputy Directors and Assistant Directors report to the Director of Prosecution.
• Assistant Directors report to Deputy Directors.
• Public Prosecutors (PPs), Additional Public Prosecutors (APPs), and Special Public
Prosecutors (SPPs) handling High Court cases report to the Director of Prosecution.
• PPs, APPs, and SPPs handling District Court cases, and Assistant Public Prosecutors
(APPS) report to the Deputy or Assistant Director of Prosecution.
Section 20 - Directorate of Prosecution

4. Powers & Functions:


•Director of Prosecution:
• Monitors serious cases (punishable with 10 years or more, life imprisonment, or death).
• Expedites trials and advises on filing appeals.
•Deputy Director of Prosecution:
• Examines police reports.
• Monitors cases where punishment is between 7 and 10 years.
•Assistant Director of Prosecution:
• Monitors cases where punishment is less than 7 years.
•General Authority:
• All three ranks have the power to handle and oversee all proceedings under this Sanhita.
•State Government Authority:
• The State Government, via notification, can define additional powers, functions, and
jurisdiction of the Director, Deputy Director, and Assistant Director of Prosecution.
5. Exclusion of Advocate General:
•This section does not apply to the Advocate General of the State when performing the duties of a
Public Prosecutor.
Section 21 - Courts by which offences are triable

1. Trial of Offences Under Bharatiya Nyaya Sanhita, 2023:


•An offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by:
• The High Court
• The Court of Session
• Any other Court specified in the First Schedule of this Sanhita.
•Special Provision for Certain Offences Against Women:
• Offences under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023 (likely related
to crimes against women)
• Should be tried by a Court presided over by a woman, as far as practicable.
2. Trial of Offences Under Other Laws:
•If a specific Court is mentioned in that law, the offence shall be tried by that Court.
•If no specific Court is mentioned, the case may be tried by:
• The High Court
• Any other Court as per the First Schedule of this Sanhita.
Section 22 - Sentences which High Courts and Sessions
Judges may pass

1. Sentencing Powers of the High Court:


•The High Court has the authority to pass any sentence permitted under the law.
2. Sentencing Powers of Sessions Judges:
•A Sessions Judge or Additional Sessions Judge may also pass any sentence authorized
by law.
•However, if a Sessions Judge or Additional Sessions Judge passes a death sentence, it
must be confirmed by the High Court before execution.
Section 23 - Sentences which Magistrates may pass

1. Sentencing Powers of Chief Judicial Magistrate (CJM):


•Can pass any sentence authorized by law, except:
• Death sentence
• Imprisonment for life
• Imprisonment exceeding 7 years
2. Sentencing Powers of Judicial Magistrate of the First Class (JMFC):
•Can impose:
• Imprisonment up to 3 years
• Fine up to ₹50,000
• Both imprisonment and fine
• Community service
3. Sentencing Powers of Judicial Magistrate of the Second Class (JMII):
•Can impose:
• Imprisonment up to 1 year
• Fine up to ₹10,000
• Both imprisonment and fine
• Community service
4. Explanation – Community Service as Punishment:
•Community service refers to unpaid work assigned by the court as a form of punishment that benefits the community.
Section 24 - Sentence of imprisonment in default of fine

1. Power of Magistrates to Award Imprisonment for Non-Payment of Fine:


•A Magistrate can order imprisonment if the accused fails to pay the fine, but:
• It must be within the sentencing limits prescribed under Section 23.
2. Restrictions on Imprisonment for Default of Fine:
•If imprisonment is already part of the substantive sentence, then the additional
imprisonment (for default in fine payment) cannot exceed one-fourth of the
maximum imprisonment the Magistrate is authorized to impose.
3. Additional Imprisonment Allowed:
•The imprisonment for default can be in addition to the maximum substantive
sentence that the Magistrate can impose under Section 23.
Section 25 - Sentence in cases of conviction of
several offences at one trial.
1. Power of the Court to Award Multiple Sentences:
•If a person is convicted for two or more offences in one trial, the Court may impose separate
punishments for each offence.
•The Court shall decide whether the sentences should run concurrently (at the same time) or
consecutively (one after another) based on the gravity of offences.
•This is subject to Section 9 of the Bharatiya Nyaya Sanhita, 2023 (likely related to sentencing
guidelines).
2. Consecutive Sentences & Limits on Punishment:
•If the Court orders consecutive sentences, the accused does not have to be sent to a higher court
just because the total punishment exceeds what the Court can impose for a single offence.
•However, the maximum punishment limitations are:
• (a) No person shall be sentenced to imprisonment for more than 20 years in total.
• (b) The total punishment cannot exceed twice the maximum punishment the Court can
impose for a single offence.
3. Appeal Rights of the Convicted Person:
•If multiple consecutive sentences are imposed, the total sentence will be treated as a single sentence
for the purpose of appeal.
Section 26 - Mode of conferring powers

1. Authority to Confer Powers:


•The High Court or the State Government, as applicable, may grant powers under this
Sanhita:
• Specifically by name (to an individual).
• By virtue of office (to a position, e.g., District Magistrate, Sessions Judge).
• By class of officials (to a category of officials, e.g., all Judicial Magistrates of the First
Class).
2. Effective Date of Power Conferral:
•The empowered person can exercise the powers only after the order is communicated to
them.
Section 27 - Powers of officers appointed

1. Continuation of Powers for Government Officers:


•If a government officer who has been given powers under this Sanhita is transferred
or promoted to an equal or higher position:
• In the same type of office
• Within the same local area
• Under the same State Government
•Then, the officer continues to exercise the same powers in the new position by
default.
2. Exception – Discretion of High Court or State Government:
•The High Court or State Government may issue an order:
• Revoking or modifying the officer’s powers in the new position.
• Changing the jurisdiction where the officer can exercise these powers.
Section 28 - Withdrawal of powers

1. Authority to Withdraw Powers:


•The High Court or the State Government may withdraw:
• All or specific powers previously granted under this Sanhita.
• This applies to any individual or officer upon whom such powers were conferred.
2. Powers Conferred by Judicial or Executive Magistrates:
•If powers were granted by a:
• Chief Judicial Magistrate (CJM)
• District Magistrate (DM)
•Then the same authority (CJM or DM) has the power to withdraw those powers.
Section 29 - Powers of Judges and Magistrates
exercisable by their successors-in office
1. Continuation of Powers by Successors:
•The powers and duties of a Judge or Magistrate can be exercised by their successor-in-office.
•This ensures continuity in judicial proceedings despite transfers or vacancies.
2. Resolving Doubts About Judicial Successors:
•If there is uncertainty about who the successor-in-office is:
• The Sessions Judge shall determine the successor-in-office for a Judge through a
written order.
3. Resolving Doubts About Magistrate Successors:
•If there is uncertainty about a Magistrate's successor, the matter shall be decided by:
• Chief Judicial Magistrate (CJM) – if the Magistrate was under judicial administration.
• District Magistrate (DM) – if the Magistrate was under executive administration.
•The determination must be made through a written order.
Section 30 - Powers of superior officers of police

1. Authority of Superior Police Officers:


•Police officers superior in rank to an Officer-in-Charge of a Police Station (SHO)
•Can exercise the same powers as the SHO
•Their jurisdiction extends throughout the local area where they are appointed.
2. Implications of This Provision:
•Ensures hierarchical control: Senior officers can intervene in cases handled by
subordinate officers.
•Enables efficient law enforcement: Higher-ranking officers can take charge of
investigations and maintain law and order.
•Avoids jurisdictional limitations: Unlike an SHO, a senior officer’s powers are not
restricted to a specific police station.
Section 31 - Public when to assist Magistrates and police

1. Obligation of the Public to Assist Authorities:


•Every person is legally bound to assist a Magistrate or police officer when
reasonably asked for help.
2. Situations Where Public Assistance is Required:
•(a) Arrest Assistance:
• Helping in the apprehension or preventing the escape of a person whom
the Magistrate or police officer is authorized to arrest.
•(b) Prevention of Public Disturbances:
• Assisting in the prevention or suppression of a breach of peace (e.g., riots,
violent protests).
•(c) Protection of Public Property:
• Helping prevent damage to public property (e.g., government buildings,
public utilities, roads, etc.).
Section 32 - Aid to person, other than police
officer, executing warrant

1. Execution of Warrants by Non-Police Officers:


•If a warrant is issued to a person other than a police officer, that person has the authority
to execute the warrant.
•This could include court officers, public officials, or private individuals authorized by law.
2. Public Assistance in Executing Warrants:
•Any person may assist in executing the warrant if:
• The person authorized to execute the warrant is present.
• The authorized person is actively carrying out the execution.
3. Legal Implications:
•Ensures lawful compliance: The provision allows legal warrants to be enforced even by non-
police officers with necessary assistance.
•Empowers authorized individuals: Extends the power of warrant execution beyond police
officers, making the system more efficient.
•Prevents obstruction: Provides legal backing for assistance in executing a warrant.
Section 33 - Public to give information of
certain offences
1. Obligation to Report Specific Offences:
•Every person who is aware of the commission or intention to commit any offence under the specified
sections of the Bharatiya Nyaya Sanhita, 2023, must immediately inform:
• The nearest Magistrate OR
• The nearest police officer
2. List of Offences that Must Be Reported:
•Includes serious offences such as:
• Sections 103-105 (Offences against the state)
• Sections 111-113 (Waging war against the country)
• Sections 140-144 (Unlawful assemblies and riots)
• Sections 147-154, 158 (Offences related to public order)
• Sections 178-182 (Obstruction and false statements)
• Sections 189, 191 (False evidence and misleading statements)
• Sections 274-280 (Offences related to drugs and adulteration)
• Section 307 (Attempt to murder)
• Sections 309-312 (Suicide and abetment)
• Section 316(5) (Serious harm to an unborn child)
• Sections 326-328 (Causing grievous hurt and poisoning)
• Sections 331-332 (Causing harm to public servants)
Section 33 - Public to give information of
certain offences

3. Reporting of Offences Committed Outside India:


•This duty applies even if the offence was committed outside India, as long as it would be
considered an offence if committed in India.
Legal Implications:
•Encourages public participation in crime prevention.
•Failure to report such offences may result in legal consequences.
•Expands jurisdiction to cover offences committed outside India.
Section 34 - Duty of officers employed in connection with affairs
of a village to make certain report

1. Obligation to Report Important Information:


•Every village officer or resident must immediately inform:
• The nearest Magistrate OR
• The nearest police station
•If they possess information regarding:
2. Specific Incidents That Must Be Reported:
•(a) Presence of Notorious Criminals:
• If a known receiver or vendor of stolen property resides permanently or temporarily
in or near the village.
•(b) Movement of Criminals:
• If a suspected robber, escaped convict, or proclaimed offender is seen passing
through or staying in the village.
•(c) Non-Bailable Offences:
• If they become aware of the commission or intention to commit a non-bailable
offence or an offence under Sections 189 and 191 of the Bharatiya Nyaya Sanhita,
2023.
Section 34 - Duty of officers employed in connection with affairs
of a village to make certain report

•(d) Unnatural or Suspicious Deaths:


• If they discover:
• A sudden or unnatural death.
• A corpse or part of a corpse under suspicious circumstances.
• A missing person where there is suspicion of a non-bailable offence.
•(e) Criminal Acts Committed Outside India:
• If any act was committed outside India, but if committed in India, would be
punishable under:
• Sections 103, 105, 111, 112, 113, 178-181, 305, 307, 309-312, 326(f)(g), 331, 332
of the Bharatiya Nyaya Sanhita, 2023.
•(f) Threats to Public Order:
• Any matter that could affect public order, crime prevention, or public safety.
• The District Magistrate, with State Government approval, may issue general or
special orders requiring village officers to report such matters.
Section 34 - Duty of officers employed in connection with affairs
of a village to make certain report

3. Definitions:
•(i) "Village" includes village lands.
•(ii) "Proclaimed Offender" includes:
• A person proclaimed as an offender in any part of India where this Sanhita
does not extend.
• If the offence, if committed within Sanhita territories, would be punishable
with 10+ years imprisonment, life imprisonment, or death.
•(iii) "Village Officer" includes:
• Panchayat members, village headmen, and officers involved in village
administration.
Section 35 - When police may arrest without
warrant

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