Open Access Research Article
COGNIZABLE AND NON-COGNIZABLE OFFENCES UNDER THE BNSS 2023 AND ITS PROCEDURAL CONSEQUENCES
Abstract
The enactment of the BNSS 2023, replacing the Code of
Criminal Procedure, 1973 (CrPC), marks an institutional overhaul of India's
procedural criminal justice delivery system. Cognizable and non-cognizable
offences, categorised primarily in Section 2(1)(g) and Section 2(1)(o) read
with the First Schedule of the BNSS. This classification establishes the
threshold for state intervention, dictating the scope of sovereign police
prerogatives, the necessity of judicial warrants for arrest, and the statutory
preconditions for initiating investigations.
It examines key statutory departures from the 1973 Code, including the
institutionalisation of Preliminary Enquiries under Section
173(3) for cognizable offences carrying sentences
between three and seven years, the formal codification of Zero FIRs and (e-FIRs)
under Section 173(1), and the procedural mechanics of non-cognizable
information under Section 174.
The paper analyses
the judicial oversight over arrest mandates under Section 35, the requirement
of senior supervisory sanction for arresting vulnerable and elderly
individuals, and the constitutional friction generated between police
pre-investigation inquiries and the landmark constitutional bench mandate in Lalita
Kumari v. Govt. of U.P(1).
The study concludes that while the BNSS attempts to
balance administrative efficiency, digital modernisation, and the mitigation of
frivolous prosecution, Section 173(3) introduces substantive discretion at the
police threshold, demanding stringent judicial guidelines to preserve personal
liberty under Article 21 of the
Constitution of India.
Published Paper
Author Details
Authors: A.DHIVYABHARATHI Registration ID: 1013397 | Published Paper ID: IJLRA13397Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1619-1629
Article Information
COGNIZABLE AND NON-COGNIZABLE OFFENCES UNDER THE BNSS 2023 AND ITS PROCEDURAL CONSEQUENCES
Authors: A.DHIVYABHARATHI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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