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BNSS

The document outlines key legal concepts related to procedural law, including definitions and sections regarding bail, investigation, cognizable offenses, complaints, and summons. It provides specific sections of law and their implications, as well as types of investigations and bail. Additionally, it explains the roles of public prosecutors and the rights of the accused under the Constitution.

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Gopi Krishna
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17 views3 pages

BNSS

The document outlines key legal concepts related to procedural law, including definitions and sections regarding bail, investigation, cognizable offenses, complaints, and summons. It provides specific sections of law and their implications, as well as types of investigations and bail. Additionally, it explains the roles of public prosecutors and the rights of the accused under the Constitution.

Uploaded by

Gopi Krishna
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
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MCQ

1. BNSS 2023 is Procedural Law.


2. BNSS is mainly Procedural Law for BNS.
3. Fair trial is a fundamental right under Article 21.
4. Fail Investigation is part of Article 21.
5. Who argues the case of victim in criminal law –Public Prosecutor
6. Arrest w/o warrant is dealt under- 35,39,40,41
7. Anticipatory Bail is dealt under – section 482
8. Who can grant bail (in sessions cases) – Court of Session
9. Definition of Investigations provided under Section 2(L)
10. Section 478 deals with Billable offences.
Fill in the Blanks
11. Search with warranties dealt under 96,97,97,100,101.
12. Search without warranties dealt under 108,185,186.
13. Arrest with warrant dealt under section 72 to 83.
14. How many rights are available to the accused under article 20 Constitution 3.
15. Section 84 deals with Proclamation for person absconding.
16. Attachment order under 85 issued by judicial Magistrate.
17. Under sction 75 arrest warrant can be executed by Any Person.
18. Where warrant of arrest can be executed at any place in India.
19. Default bail is dealt under Section 187 (3).
20. RE-called petition is dealt under Section 72(2).
Short Questions:
1. What is meant by bail?

Bail is a legal term referring to the temporary release of a person who has been arrested and
charged with a crime, under the condition that they will return to court for their trial or future
hearings. It typically involves the payment of money or the signing of a written promise (a bond)
as a guarantee that the accused will attend the scheduled court proceedings.
Bail can be paid in several forms:

 Cash bail: The accused or a third party pays the full amount in cash.
 Bail bond: A bail bondsman provides a bond for the defendant, often in exchange for a
fee (usually around 10% of the bail amount).
 Property bond: The defendant or a family member offers property as collateral for the
bail.
2. What is Investigation?

Investigation is the process of gathering information, evidence, and facts to uncover the truth
about a particular event, situation, or crime. It is a systematic effort to identify, analyze, and
understand details to clarify what happened, who was involved, and how or why an event
occurred.

There are different types of investigations, such as:

 Criminal Investigations: Conducted to solve crimes, gather evidence, and identify suspects.
 Civil Investigations: Focus on resolving disputes between individuals or organizations (e.g.,
personal injury, fraud).
 Corporate Investigations: Typically involve auditing, compliance checks, or detecting internal
fraud.
 Private Investigations: Conducted by private detectives or agencies for individuals or
businesses, usually in non-criminal matters like finding missing persons or verifying background
information.

3. What is a cognizable offence?

A cognizable offense is a type of criminal offense in which the police have the authority to
arrest the accused without a warrant and begin an investigation without the approval of a court.
These offenses are considered more serious, and police are permitted to take immediate action
based on the belief that a crime has been committed.

Key characteristics of a cognizable offense include:

1. Police Authority
2. Seriousness of the Crime
3. Legal Framework

Examples of Cognizable Offenses:

 Murder (Section 302 of the Indian Penal Code)


 Rape (Section 376 of the Indian Penal Code)
 Robbery (Section 390 of the Indian Penal Code)
 Kidnapping (Section 363 of the Indian Penal Code)
4. Explain Complain?

A complaint is a formal expression of dissatisfaction or a report made by an individual, typically


the victim or a witness, regarding a crime or a wrongful act. In a legal context, a complaint is a
statement or document presented to law enforcement or a court that outlines an allegation of an
offense or misconduct. It initiates the process for investigation or legal action, and in some cases,
it may be the first step in starting a formal legal proceeding.

Example of a Complaint:

 In a criminal context, a woman might file a complaint about being assaulted by someone,
providing details about the incident, the identity of the accused, and any evidence such as
photographs, medical records, or witnesses.
 In a civil context, a person may file a complaint in a consumer court for a faulty product,
requesting compensation for damages or a replacement.

5. What is meant by summons?

A summons is an official legal document issued by a court or a legal authority that notifies a
person (the recipient) that they are required to appear before the court or take a specific action,
such as responding to a lawsuit or legal proceeding. It is a way of informing someone about a
legal matter in which they are involved, either as a defendant, witness, or other interested party.

Types of Summons:

 Civil Summons: In civil matters, a summons tells the defendant that they are being
sued and directs them to file an answer or appear in court.
 Criminal Summons: In criminal law, a summons may be issued for a defendant to
appear in court for an alleged crime, rather than an arrest warrant being issued. It may
also be used to summon witnesses.
 Witness Summons: This type of summons requires a person to appear in court and
testify as a witness.

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