New Criminal Laws: Selected BNS and BNSS Provisions for RAS — Practice

Question 1

What are the new codes that replaced the IPC, CrPC and Evidence Act, and from when?

Accepted Answer

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, all from 1 July 2024.

Question 2

What is an unlawful assembly under Section 189 of the BNS?

Accepted Answer

A gathering of five or more persons with a common object that is unlawful, such as resisting the execution of law or committing mischief or criminal trespass. It corresponds to the old IPC provisions on unlawful assembly.

Question 3

Distinguish rioting from affray.

Accepted Answer

Rioting (BNS Section 191) is the use of force or violence by an unlawful assembly in pursuit of its common object, with heavier punishment if armed. Affray (Section 194) is a fight between persons in a public place that disturbs the public peace. Rioting needs an unlawful assembly; affray does not.

Question 4

What is public nuisance under Section 270 of the BNS?

Accepted Answer

An act or omission that causes common injury, danger or annoyance to the public or to persons in the vicinity who use public rights. It underlies many municipal and police actions against obstructions and hazards, and links to the Executive Magistrate's preventive powers.

Question 5

State the offences covered by BNS Sections 294 to 296.

Accepted Answer

Section 294 covers the sale, hire, distribution or public exhibition of obscene material. Section 295 covers the sale or display of obscene objects to a child. Section 296 covers obscene acts and songs in or near a public place.

Question 6

What is a Zero FIR and why is it important?

Accepted Answer

A Zero FIR is a First Information Report registered at any police station irrespective of where the offence occurred, and then transferred to the station with jurisdiction. It ensures that a victim is not turned away, allows prompt action and preserves evidence. The BNSS also permits electronic filing of information.

Question 7

Describe the preventive and order-maintenance powers of a District Magistrate under the BNSS. (~150 words)

Accepted Answer

The District Magistrate and Sub-Divisional Magistrates hold executive powers to maintain public order. Under Section 163 of the BNSS, which corresponds to the old Section 144 CrPC, they can issue urgent orders in cases of nuisance or apprehended danger, for example prohibiting assemblies or restricting movement for a limited period. They can order unlawful assemblies to disperse and, as a last resort, use proportionate force with the police. They also supervise police action, coordinate intelligence and ensure that arrests and processes follow the code. Such powers must be used with restraint, since they curtail liberty and are subject to judicial review. Early dialogue with communities is a better first tool than prohibition.

Question 8

Distinguish unlawful assembly from rioting under the BNS and explain the district magistrate's role in preventing them. (~150 words)

Accepted Answer

Under Section 189 an unlawful assembly is a gathering of five or more persons with a common unlawful object, and Section 190 makes every member liable for offences committed in pursuit of that object. Rioting under Section 191 arises when force or violence is used by such an assembly, and armed rioting is punished more severely. The district magistrate prevents disorder using preventive powers under the BNSS: prohibitory orders in urgent cases of apprehended danger or nuisance (Section 163), and orders to disperse assemblies. The magistrate coordinates with the police, protects public property and uses force only as a last resort. Effective prevention rests on early intelligence, community dialogue and a proportionate response, with accountability afterwards.

Practice — New Criminal Laws: Selected BNS and BNSS Provisions for RAS

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