SAG Legal

SAG Legal

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 383 – BNSS | Summary procedure for trial for giving false evidence.

Section 383 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 383 – BNSS | Summary procedure for trial for giving false evidence. (1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving theoffender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both.(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.(3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section.(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal orapplication for revision.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 382 – BNSS | Procedure of Magistrate taking cognizance.

Section 382 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 382 – BNSS | Procedure of Magistrate taking cognizance. (1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 97 – BNSS | Search of place suspected to contain stolen property, forged documents, etc

Section 97 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 97 – BNSS | Search of place suspected to contain stolen property, forged documents, etc (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a) to enter, with such assistance as may be required, such place; (b) to search the same in the manner specified in the warrant;(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies; (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety; (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.  (2)The objectionable articles to which this section applies are— (a) counterfeit coin; (b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962; (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals; (f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023; (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 96 – BNSS | When search warrant may be issued.

Section 96 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 96 – BNSS | When search warrant may be issued. (1) Where— (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.  (2 )The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.  (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 380 – BNSS | Appeal.

Section 380 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 380 – BNSS | Appeal. (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint whichsuch former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 95 – BNSS | Procedure as to letters

Section 95 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 95 – BNSS | Procedure as to letters (1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.  (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 379 – BNSS | Procedure in cases mentioned in section 215.

Section 372 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 379 – BNSS | Procedure in cases mentioned in section 215. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—(a) record a finding to that effect;(b) make a complaint thereof in writing;(c) send it to a Magistrate of the first class having jurisdiction;(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and(e) bind over any person to appear and give evidence before such Magistrate.(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215.(3) A complaint made under this section shall be signed,—(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.(4) In this section, “Court” has the same meaning as in section 215.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 94 – BNSS | Summons to produce document or other thing

Section 94 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94 – BNSS | Summons to produce document or other thing (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; or (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 378 – BNSS | Delivery of person of unsound mind to care of relative or friend.

Section 378 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 378 – BNSS | Delivery of person of unsound mind to care of relative or friend. (1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—(a) be properly taken care of and prevented from doing injury to himself or to any other person;(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate orCourt shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence

SAG Legal

SAG Legal

Contact Details:

📞 Call us: 7300095838
📧 Email us: help@saglegal.in

Locate us on Google Maps Here

Scroll to Top