BNSS: FIR, Arrest, Remand and Bail — Practice

Question 1

What is a zero FIR?

Accepted Answer

An FIR registered at any police station irrespective of where the offence occurred, which is then transferred to the station with jurisdiction.

Question 2

Within what time must an arrested person be produced before a magistrate?

Accepted Answer

Within 24 hours of arrest, excluding travel time, under BNSS 58.

Question 3

State the safeguards on arrest for offences punishable with less than seven years.

Accepted Answer

Under BNSS 35 and Arnesh Kumar, the officer must be satisfied that arrest is necessary for stated reasons, such as preventing further offence, proper investigation or tampering with evidence, and must record those reasons. Otherwise a notice of appearance should be issued.

Question 4

State three changes made by BNSS Section 173 to the law on FIR.

Accepted Answer

Electronic information is allowed, to be signed within three days; zero FIR is recognised; and a preliminary enquiry within 14 days is permitted for offences punishable with three years or more but less than seven. Information of sexual offences is recorded by a woman officer.

Question 5

State the rule on release of undertrial prisoners under BNSS 479.

Accepted Answer

An undertrial detained for half of the maximum sentence is released on a personal bond, and a first-time offender after one-third. It does not apply to offences punishable with death or life imprisonment.

Question 6

A is arrested for an offence punishable by up to five years on 1 March and remanded. No police report is filed by the 61st day, and A applies for bail. Decide.

Accepted Answer

The maximum detention without report for an offence not punishable with ten years or more is 60 days. On the 61st day A has a right to default bail under BNSS 187(3), provided he is ready to furnish bail, and the magistrate must release him since it is a right and not a discretion. If the police file the report before he applies, the right is lost.

Question 7

Explain anticipatory bail under BNSS 482 and the holding in Sushila Aggarwal.

Accepted Answer

A person who apprehends arrest for a non-bailable offence may apply to the High Court or Court of Session for a direction that he be released on bail if arrested. The Constitution Bench in Sushila Aggarwal (2020) held that it is not limited in time by default and may continue until the end of the trial, though the court may impose conditions or limits in a given case.

Question 8

What is the maximum period of detention before filing of the police report for an offence punishable with ten years or more?

Accepted Answer

Ninety days.

Practice — BNSS: FIR, Arrest, Remand and Bail

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