BNSS: Cognizance, Charge, Trial, Judgment and Appeals — Practice

Question 1

Which BNSS section deals with cognizance of offences by Magistrates?

Accepted Answer

BNSS 210, corresponding to CrPC 190.

Question 2

Which BNSS section saves the inherent powers of the High Court?

Accepted Answer

BNSS 528, corresponding to CrPC 482.

Question 3

State the new safeguard introduced for the accused before cognizance on a complaint.

Accepted Answer

Under BNSS 223, the Magistrate must give the accused an opportunity of being heard before taking cognizance on a complaint, in addition to examining the complainant and witnesses on oath.

Question 4

State the rule on adjournments under BNSS 346.

Accepted Answer

The trial proceeds day to day. No adjournment is granted at a party's request except for circumstances beyond control, and at most two adjournments with reasons recorded.

Question 5

State the conditions for plea bargaining under BNSS 289 to 300.

Accepted Answer

The offence must be punishable with less than seven years, must not affect the socio-economic condition of the country and must not be against a woman or a child under fourteen. The accused applies within 30 days of framing of the charge.

Question 6

On an application to discharge, the prosecution's key witness is contradicted by the medical report. Decide.

Accepted Answer

Under BNSS 250 only a prima facie view is taken, and the court does not hold a mini-trial. It asks whether the material, if unrebutted, would sustain a conviction. A contradiction between a witness and a medical report is a matter for trial, so discharge should be refused and a charge framed under BNSS 251 within 60 days of the first hearing on charge.

Question 7

State the right of a victim to appeal under BNSS 413.

Accepted Answer

The victim has a right to appeal against an order of acquittal, a conviction for a lesser offence or an order imposing inadequate compensation, to the court to which an appeal ordinarily lies against the order of conviction.

Question 8

What does BNSS 356 allow?

Accepted Answer

Trial in the absence of a proclaimed offender after reasonable steps, to prevent absconding from stalling the trial.

Practice — BNSS: Cognizance, Charge, Trial, Judgment and Appeals

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