1. What is Section 63 of BNS?
Section 63 of Bharatiya Nyaya Sanhita (BNS) defines the offence of rape. It outlines conditions where sexual acts constitute rape, particularly in absence of free and informed consent. Punishment ranges from 10 years to life imprisonment.
2. How to File an FIR Under BNSS?
BNSS allows a First Information Report (FIR) to be filed at a police station in person or via online platforms in certain states. For cognizable offences, the police must register the FIR and begin investigation without magistrate approval.
3. What is Cognizable vs Non-Cognizable Offence?
Under BNSS, cognizable offences allow police to arrest without warrant (e.g., murder, rape), while non-cognizable offences (e.g., defamation, public nuisance) require court permission before investigation or arrest.
4. Section 101 BNS – Punishment for Murder
Section 101 of BNS prescribes punishment for murder. The minimum sentence is life imprisonment, and in rarest of rare cases, capital punishment may be awarded by the court.
5. Legal Rights of Arrested Person Under BNSS
BNSS ensures rights like: right to be informed of arrest reason, right to consult a lawyer, right to be produced before a magistrate within 24 hours, and right to remain silent during interrogation.
6. Anticipatory Bail Under BNSS
Under Section 482 of BNSS, anticipatory bail can be sought when a person apprehends arrest for a non-bailable offence. The High Court or Sessions Court can grant such bail based on merits of the case.
7. Section 316 BNS – Cheating and Fraud
This section deals with dishonestly inducing another person to deliver property, often involving misrepresentation or false promises. It is punishable with imprisonment up to 7 years and/or fine.
8. Difference Between Summons and Warrant
A summons is an order to appear before the court. A warrant authorizes police to arrest or search a person. BNSS clearly distinguishes their purposes and procedures.
9. Electronic Evidence Under BSA 2023
The Bharatiya Sakshya Adhiniyam (BSA), 2023 allows admissibility of emails, CCTV footage, and digital records as primary evidence if properly certified under legal provisions.
10. What is a Compoundable Offence?
Compoundable offences are those where parties can settle the matter amicably, with or without court permission, as listed in BNS. Examples include hurt, criminal trespass, etc.
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