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Part 1

Paralegal Training Session x: Criminal Law

Topics Covered:

  • What is a crime?
  • Cognisable v non-cognisable offences
  • Complaint procedure for:
    • Non cognisable offences - NCR
    • Cognisable offences - FIR
  • Overview of criminal justice system and criminal procedure - what happens after a complaint has been filed
  • Rights related to police
  • Rights of arrested persons
  • Victim’s rights - Victims compensation

Note: The plan for this module is to divide it into two broad parts - the first part broadly pertains more to the victim’s side of things, and the second part more to the accused side of things.

Objective

Paralegals must have a basic understanding of how the criminal justice system functions in India, and an understanding of the rights of various parties involved in the system.

That paralegals be able to assist individuals in filing a criminal complaint either by way of an FIR or a private complaint with a magistrate.

Part 1

Resources:

  • Printouts - Vibha
  • Clips and string - Vibha
  • BNSS: https://www.indiacode.nic.in/bitstream/123456789/20099/3/A2023-46.pdf
  • BNS: https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

Logistics


Energiser (15m)

Intent: To feel like a Nyaaya Mitra

Building a Nyaaya Mitra Mural (10m)

Chakde India Video

Nyaaya Mitra Chant (5m)

Intro to Criminal Law

Activity 1: Experiences with Criminal Law (Popcorn) (2-3 responses - 5m)

Have the paralegals narrate their experiences dealing with crimes. Have any of them:

  • witnessed a crime taking place
  • helped someone who was a victim of a crime
  • spoken to a police officer / helped a victim do so
  • filed a FIR / helped a victim do so

Have them narrate the steps they took and if they were effectively able to help the person.

What is a crime? (5-10m)

Discussion Prompts (Popcorn):

  • What would you consider a crime?
  • Are all wrongs/disputes in law crimes?
  • For example, in the following scenarios would you consider it a crime and report it to the police as something that they can investigate and handle?
    • If the government does not issue you a transgender ID card / Aadhaar card, etc, or give you your welfare scheme entitlement
    • If someone stole a TV from your house
    • If in a government school, there were no washrooms for girls
    • Some individuals in your neighborhood get drunk every night and cause a nuisance (throwing glass bottles, making excessive noise, threatening people who try to stop them)
    • Your neighbors are a couple who fights every day. One day you see them fighting on the balcony and you see the man hit the woman and walk away.
    • You are facing a lot of issues with your employer - he does not pay you your salary on time, and the last three months’ salary has not been sent to you
    • Your neighbour constructs a fence between your houses - you notice that in constructing the fence the neighbour has taken up some of your land.
  • How do you know in which scenarios to report an issue to the police as a criminal offence?

Talking Points:

  • A crime is a violation of a criminal law or code. It is an act that is prohibited by law because it is injurious/harmful to the public/society. While the victim of a crime, or the person directly affected by the act may be an individual (or a few), it is deemed to be harmful to society as a whole because the commission of these acts create a lack of safety and security in society.
  • Some examples of criminal codes are:
    • Bharatiya Nyaaya Sanhita (BNS, which replaced the Indian Penal Code / IPC) - this is India’s official criminal law - it contains several crimes, their definitions, and the punishment for committing them.
    • NDPS Act
    • Information Technology Act

We will now be teaching you three kinds of distinctions in law:

  • Substantive v Procedural Law
  • Criminal v Other Types of law
  • Cognizable v Non-Cognizable

Substantive v Procedural Law (15-20m)

Substantive: ಸ್ಥೂಲ ಕಾನೂನು, ವಸ್ತುನಿಷ್ಠ ಕಾನೂನು, ನಿರ್ಣಾಯಕ ಕಾನೂನು

Procedural: ವಿಧಾನತ್ಮಕ ಕಾನೂನು, ಕಾರ್ಯವಿಧಾನದ ಕಾನೂನು

Discussion Prompt (Cricket Analogy):

  • How many of you watch cricket?
  • Can you share what the main rules of cricket are?
  • What happens when a rule is broken? Who decides this? Are there rules or procedures about that?

Talking Points:

  • In cricket or any sport there are two types of rules:
    • Rules about how the game should be played - what is allowed and what is not allowed, punishments for breaking a rule
    • Rules that enforce these rules - rules about how to report a broken rule, who decides when a rule is broken, w
  • In law too there is this difference
    • Former - Substantive law - law about what rights people have, what is right/allowed and what is wrong/not allowed
    • Latter - Procedural law - law about how to report a rule being broken, laws about who makes decisions and gives punishments on broken rules, rules on how to make these decisions
  • In criminal law there is:
    • Bharatiya Nyaaya Sanhita (BNS), NDPS Act, IT Act - which define what are crimes
    • Bharatiya Nagarika Suraksha Sanhita - which talks about:
      • how to make a complaint, how police should record complaints
      • How police should conduct investigation - what powers they have, what their role & duty is
      • criminal courts, judges in those courts, what powers courts & judges have
    • Sometimes a legislation will have both substantive and procedural sections in it

Activity: Identifying Substantive v Procedural Laws (NDPS Act - Reading Law)

Have the Nyaaya Mitras go over the following sections of the NDPS Act with us and identify whether the provision is procedural or substantive:

  • Chapter III
    • Section 8: Prohibition of certain operations (cultivation of coca, opium, cannabis) - Substantive
    • Section 9: Power of Central Government to permit, control & regulate - Substantive
  • Chapter IV
    • Section 20 - Punishment wrt cannabis - Substantive
    • Section 36 & 36A - Procedural
    • Section 39 - Procedural
  • Chapter V
    • Section 41, 42, 43, 44 - Powers of officers - Procedural
    • Section 50 - conditions of search - Procedural

Criminal Law v Other Types of Law (10-15m)

  • Criminal law is one of the various branches of law - Discussion Prompt: Can you think of other branches of law?
    • Civil Law - deals with disputes between individuals, organisations, businesses, including: property law, family law (marriage, child custody), right to education
    • Labour Law - deals with issues at the workplace - either between employer and employee or amongst employees.
    • Commercial Law - regulation of business, trade and commerce (Eg: Contract Act, Consumer Protection Act)
  • Why is this difference important (for a paralegal)?
    • Reporting authority is different - how you make a complaint differs
      • For criminal law - you file an FIR
      • For labour law - you first file a notice, then you file a complaint with labour department
      • For family law - you have to go to family court
      • For civil matters - civil suit
    • The proof will also differ:
      • The kind of evidence, documents, etc that you may need
      • The level to which it needs to be probed
    • The punishment and kinds of punishment is different:
      • For crimes the punishment is usually imprisonment and/or fine
      • Under civil law, there is no punishment per se but there may be a fine imposed or some directions given by the court to ensure that there is some remedy to the issue brought before the Court.
      • Under labour law, for example, if someone has been fired without notice or reason the remedy could be payment of salary for the notice period required and/or reinstatement of the job.
    • The type of court proceedings also differ - there are separate criminal courts and civil courts and the way that proceedings happen in the court are different.
  • Sometimes there are overlaps:
    • For example, some acts can be considered both a criminal and a civil wrong and you can get remedies in different fora:
      • Sexual harassment at the workplace - POSH Act (civil remedy) and BNS (criminal remedy)
      • Defamation & Trespass - can file a case in both civil and criminal court
    • Some legislations have both criminal and civil components to it:
      • Domestic Violence Act
      • Section 125 CrPC / Section 144 BNSS
      • Companies Act has some criminal provisions
  • Whenever a client comes to you with a complaint that you feel is a criminal issue, it is your job to go through the BNS and see if it is covered under that.

Facilitator to run the NMs through the Bharatiya Nyaya Sanhita. Run them through the index and explain how the criminal code is divided (esp the classification of crimes):

  • Ch V: Offences Against Woman and Child
  • Ch VI: Offences Against Human Body
  • Ch VII - X: Offences Against State + Relating to Defence Forces, Elections, Currency
  • Ch XI: Public Tranquillity
  • Ch XII & XIII: Relating to Public Servants
  • Ch XIV: Public Justice
  • Ch XV: Public Health, Safety, Convenience, Decency, Morals
  • Ch XVI: Religion
  • Ch XVII & XVIII: Property & Documents
  • Ch XIX: Criminal Intimidation, Insult, Annoyance, Defamation
  • Explain to the NMs how these attach themselves to the above provisions:
    • Ch IV: Abetment, Conspiracy & Attempt
    • Ch III: Exceptions

Activity: Reading the BNS Provisions in detail (15-20m)

https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

Part A: Chit-Picking and Reading BNS Sections

Chits with chapter and section numbers on it of similar provisions for each peer group. Each NM picks out one chit. Reads and understands their section (definition, provision, punishment). Then each one tells their peer group about what their section is.

Eight crimes and four themes

Theme

Crime

Chapter and Section

 

Kidnapping

Chapter VI, Sec 137

Abduction

Chapter VI, Sec 138

 

Theft

Chapter XVII, Sec 303

Robbery

Chapter XVII, Sec 309

 

Hurt

Chapter VI, Sec 114

Grievous Hurt

Chapter VI, Sec 116

 

Wrongful restraint

Chapter VI, Sec 126

Wrongful confinement

Chapter VI, Sec 127

 

Cognizable v Non-Cognizable Offences (5m)

Cognizable: ಸಂಜ್ಞೆಯ ಪ್ರಕರಣಗಳು

Non Cognizable: ಅಸಂಜ್ಞೆಯ ಪ್ರಕರಣಗಳು

Under criminal law not all offences are treated the same way. Slightly more serious offences are classified as cognisable offences, and others are classified as non-cognisable offences.

This classification is determined by how offences are marked under the schedule of the Bharatiya Nagarik Suraksha Sanhita. This is the law that tells you what procedure is followed by police officers and in criminal courts. The first schedule of BNSS classifies offences into cognisable or non-cognisable.

Facilitator to take the paralegals to the First Schedule of BNSS (pg 173 in English version) and show them where it is written whether an offence is cognizable or not.

Why is this classification important?

  • The way in which a complaint is lodged i
  • s different for a cognisable and non-cognisable offence. For the former, an FIR is filed whereas for the latter a Non-Cognizable Report (or NCR) is lodged.
  • The level of power that a police officer has is different:
    • Investigation Powers: For cognizable offences, a police officer can conduct a preliminary enquiry and if they find that at a first instance it seems like there is a case, can proceed with investigation. For non-cognizable cases the police officer has to send the information to a Magistrate (who is a judicial officer in a lower court) and can only investigate on the order of the Magistrate.
    • Arrest Powers: Police officers have the power to arrest without a warrant only in case of the commission of cognizable offences (and if certain other conditions are met).

Activity (15m)

Give NMs Chapter numbers. Have them identify the section and if the following offences are cognizable or not:

https://pickerwheel.com/pw?id=3wYDD

Name of the offence

Sections in BNSS

Cognisable or Non cognisable

Picture

Defamation

Sec 356(2)

Non Cognisable


Murder

Sec 103(1)

Cognisable


Snatching

Sec 304(2)

Non Cognisable


Assault

Sec 131

Non Cognisable


Kidnapping

Sec 137(2)

Cognisable


Bigamy

Sec 82(1)

Non Cognisable


Sexual assault

Sec 74

Cognisable


Theft

Sec 303(2)

Cognisable


Stalking

Sec 78(2)

Cognisable



Skit: Life Cycle of a Crime

Show the Nyaaya Mitras the video of this crime happening and introduce the names of the characters (Mukesh is the person who starts the fight, Raveena is the woman, and Sudheesh is the person who gets beat up) : Upendra Hits Lover Boyfriend and Reunites | Super Scene | Dhamini | Upendra Kannada Movie

Discussion Questions / Talking Points:

  • In the fight Sudheesh loses some teeth and hurts one of his ears very badly.
    • Which Chapter of the BNS would this fall under?
    • This offence would either be hurt or grievous hurt? Which one is it? Answer: S. 116, 117 BNS - Grievous Hurt.
    • Can you find the punishment for this? Punishment is near the definition section in BNS.
  • Ask the paralegals to identify whether it is a cognisable or non-cognisable offence? Answer: S.117(2) is Cognizable.

Explain to the NMs that there will now be a skit showing how a crime proceeds from complaint till trial stage, including showing how an NM can be involved in the process. Introduce the NMs to who will be playing each character.

PPT with backdrops:

  • Crime Scene
  • Police Station
  • Magistrate’s court
  • Dates (to show timeline)
  • Nyaaya Mitra Clinic

Props Needed:

  • Cap (to indicate police officer),
  • Tag to put on sleeve with two Silver stars (2 - to indicate SI rank)
  • Sheets of paper:
    • Written complaint x 2
    • FIR
  • Stapler
  • ID Card (to indicate NM)
  • Stamp (we have one in the OL office)

Act 1 - Filing an FIR

Scene 1: Nyaaya Mitra Clinic

Narrator: Not knowing what to do, Sudheesh goes to his friend who he knows is being trained as a paralegal at their Nyaaya Mitra Clinic

Sudheesh: This guy just beat me up - I am hurt so badly! I lost two teeth (Shows the NM his teeth) - what do I do?

NM: That’s terrible. I’m so sorry this happened - I hope you were able to go to the doctor? If there’s anything I can do to help - I am here for you.

Sudheesh: Yes, I went to the hospital and got this bandage and some medicines for the pain. But what else can you do? I’m too scared of Mukesh and his gang.

NM: Do you want to file a police complaint?

Sudheesh: I’m scared - I don’t know what the police will say?

NM: Don’t worry - I learnt about criminal law in my class and especially about what to do when filing a complaint, and will help you the best that I can. I can handhold you through the entire process of filing a complaint, meeting with the police and getting the justice you deserve! How about you tell me what happened, and I can help you write it down so that it’s easier for you to remember and tell the police.

Narrator: The NM helps Sudheesh write down the complaint. The NM makes sure that what they are writing down is using the exact same words and language as Sudheesh. (NM and Sudheesh to act this out)

NM: We’ll take a copy of this so that you also have a copy. If you have any medical documents from the injury bring those also.

Can you tell me where the incident happened?

Sudheesh: It happened in Jayanagar.

NM: All right - then we will go to to the Jayanagar Police Station.

Sudheesh: Why can’t we go to the Puttenahalli Police Station? Isn’t that walking distance from here?

NM: We could, however, it is best to get a complaint registered at the jurisdictional police station - which is the police station in the area where the incident happened. If we file a complaint elsewhere they would have to transfer it which would take a lot of time.

Scene 2: Police Station

Narrator: Sudheesh and NM goes to the police station to file a complaint for what has happened. (NM and Sudheesh to act this out)

SI Sunidhi: Hello. How may I help you?

Sudheesh: Hello, my name is Sudheesh. I would like to register a complaint.

NM: I am a paralegal - my name is Chandra. I am here to help Sudheesh. Can we please speak to the officer-in-charge? (Paralegal shows ID card to Police Officer)

SI Sunidhi: I am sub-inspector Sunidhi (gestures to her sleeve which has two stars). I am the officer in charge of this station.

Narrator: As per the law, a complaint must be registered by the officer in charge of a police station. There are different ranks of police officers and you can tell based on their sleeve. For example: Sub-Inspectors have two stars on their sleeve.

SI Sunidhi: I can help you lodge the complaint. What happened? Who is the victim?

Sudheesh: I am the victim, and I would like to lodge a complaint against a person named Mukesh. Here is the written complaint.

SI Sunidhi: Thank you. I will log this in my Daily Diary. Do you have a copy of the written complaint?

Sudheesh: Yes, here you go. (Hands him the copy of complaint)

SI Sunidhi: (Stamps both copies of the complaint and explains) I am stamping your complaint with the Daily Diary Number - this is proof that we have received your complaint. Here is your copy (Hands Sudheesh his copy of the complaint)

NM: Excuse me, ma’am, but the complaint is regarding an incident of grievous hurt against Sudheesh. I believe this would fall under S.116 read with S. 117 of the BNS, which is a cognizable offence. It should therefore have an FIR lodged.

SI Sunidhi: You are correct. However, the BNSS (Bharatiya Nagarik Suraksha Sanhita) also allows me 14 days to conduct a preliminary inquiry before filing an FIR.

NM: I have here the report from the hospital for the injuries received by my client. (Hands over the report) As per these reports it shows that my client received a hit on his teeth and his ear which knocked out his teeth and hurt his ear quite severely. Would this satisfy your preliminary inquiry?

SI Sunidhi: This is helpful, thank you. I will get permission from my senior - Deputy Superintendent Sardar to proceed with the preliminary inquiry. Please come back in two weeks and we can file the FIR.

Narrator: A preliminary inquiry is usually the first step in an investigation into a cognizable case. Usually the police officer will speak to some witnesses, look at any relevant documents, and also record all the steps that have been taken by them. This preliminary inquiry has to be done within 14 days. The Sub-Inspector needs to get permission from an officer who is at or above the rank of Deputy Superintendent of Police. Show slide which explains how a DSP’s sleeve looks.

Narrator: In two weeks, NM and Sudheesh come back to the police station.

SI Sunidhi: Hello - I have gotten permission from the DSP and did a preliminary inquiry. Let me put down the complaint in an FIR format as per BNSS (Bharatiya Nagarik Suraksha Sanhita) S.173.

Writes out the complaint in an FIR format and staples the written complaint to it

SI Sunidhi: Here you go - would you like to check it?

Sudheesh and NM go over the FIR and written complaint together

NM: Everything looks good - the FIR has the incident details (including date time and place), your name and address as the complainant, the correct sections of BNS, list of suspects and witnesses, FIR number, date of lodging FIR, name of police station & officer.

SI: Okay great, you can leave now then - all the processes are done.

NM: Excuse me sir, but under BNSS (Bharatiya Nagarik Suraksha Sanhita) S.173(2), you are legally bound to give Sudheesh a copy of the FIR

SI Sunidhi: I’m really sorry. I shall do it right away. (SI makes four copies of the FIR. She hands over one copy to Sudheesh)

NM: Also sir, can we please have your contact details so we can reach out to you for updates?

SI: Sure here you go (hands a card with contact details)


Notes from Police officer:

  • MLC  - Medico-Legal certificate - NM to inform clients to ask the doctor for MLC - it can happen in any hospital - government or private
  • Motive in crimes
  • In city - the permission will be taken from ACP - Assistant Commissioner of Police
  • If you miss something, you can share it with the police officer later - Maruviki


Filing a complaint: FIR & NCR

Talking Points:

  • There are two types of complaint that can be filed. Discussion Prompt: Does anyone know what the two types are?
    • In case of cognizable offences - an FIR will be filed - this is covered under S.173 of BNSS
    • In case of non-cognizable offences - a Non-Cognizable Report will be filed - S. 174 of BNSS
  • NCR:
    • As per S.174, complaints regarding non-cognizable cases need to be filed in a police station within the same jurisdiction where the crime happened
    • The police officer will enter this information into a book where all NCR cases are filed
    • The police officer will then either refer the informant to a Magistrate or send the daily report of all NCRs to Magistrate every two weeks
  • What is an FIR? F.I.R (First Information Report) is the initial step in a criminal case of cognizable offences recorded by the police. It consists of the most basic information regarding the crime committed and is covered under S.173 of BNSS. (Have the NMs read this section)
  • Why is it important?
    • Official record of cognizable crime having occurred
    • Used during the trial as evidence in court to either support or question what the person who reported the incident is saying. The court compares the details mentioned in the FIR with the testimonies of witnesses and other evidence to ensure consistency and accuracy. The details provided should be accurate.
  • Who all can file an FIR?
    • A victim of a crime.
    • A relative or friend or acquaintance of the victim.
    • You have knowledge about a crime that has taken place or is about to take place.
    • An officer in-charge of a police station may also register an FIR if a cognizable offence is committed in his presence.
  • It is not necessary that you must have all information about the crime in order to file an FIR. But it is important that you report everything you know to the police.
  • How to file an FIR? As shown in the skit:
    • Visit a police station:
      • For cognizable offences this can be any police station
      • For non-cognizable offences visit the station closest to where the incident occurred
      • A complaint can also be registered electronically - that is by calling, emailing or messaging the police station. However, in such a scenario, you would have to visit the police station within three days to sign the complaint.
    • Approach the police officer on duty. (Show NMs the police officer ranking chart here?)
    • Provide details - This can be done orally, in a written complaint, or electronically (for example, a complaint may be filed on the basis of a video where a crime is being committed). Details should include:
      • Date, time and location of incident
      • Description of what happened - explain the sequence of events in as much detail as possible
      • Personal information: Your name, address, contact number, ID
      • Information of people present around: Including the person(s) who committed the crime and any witnesses

(Note: Show the NMs a written complaint format: https://docs.google.com/document/d/1ZW9bkzir6Asgqy5_0NdL-136Oa9DV3xE8CtyI3GxQtM/edit?usp=sharing)

    • Format of an FIR: https://docs.google.com/document/d/1Splp8W3sTOFMLQnosfLfBj383qHTQOM69XMYCQhsUvY/edit?tab=t.0 
    • Collect a copy of the FIR. Make sure to note down the FIR Number, date of FIR, the police station and name of police officer. You can use this to check the status of your FIR online!
  • Note that under the BNSS the police has 14 days within which to file an FIR. In this 14 days, with the permission of a senior officer (DSP rank or above), the police can do a preliminary inquiry.


Demo: Checking FIR Online

Google FIR online Karnataka

Show: https://ksp.karnataka.gov.in/firsearch/en


Complainant Day: 4th Sunday of Every Month anyone can approach the police station and ask for information


Jana Samparka: Check this once


Refusal to file FIR:

No denial of FIR: The police station should not deny anyone the right to file an FIR. If they do, you can politely remind them of your right to do so (Call back to the skit and how the NM in the skit ensured FIR filing).

However, if you are still not able to get an FIR filed you have the following options:

  • Approach a senior police officer, and try to get the complaint registered.
  • You could also write down your complaint and send it to the Superintendent of Police via RPAD (Registered Post with Acknowledgement Due - it is a way of sending letters which is very secure and gives you proof of delivery. You can do this through any post office.) You can then either meet with the police officer to ensure it has been registered as an FIR.
  • File the FIR in another police station: In cases of cognizable offences the FIR can be filed in any police station. Try visiting another police station.
  • File a complaint with the Magistrate directly under S. 223 of BNSS. You would require a lawyer’s help to do this.

Skit

Act 2: Investigation

Scene 1: Nyaaya Mitra Clinic

Narrator: After filing the police complaint, Sudheesh still has more questions about what will happen, so he meets the NM to discuss this.

Sudheesh: Okay so now we have filed the FIR, what happens next?

NM: The police officer will need to conduct a proper investigation.

Sudheesh: Can the police officer decide to not investigate a matter?

NM: They can, but only with good reason. Section 176(2) of the BNSS says that if the police officer feels that a case is not serious and wants to send a junior to do the investigation in person, or there is not enough reason to do an investigation the police officer needs to record these reasons in the daily diary and send that to the Magistrate. The police officer also needs to inform the person who filed the complaint that they are not going ahead with the investigation.

Sudheesh: Oh that’s great! That way the police can’t do whatever they want and there is some accountability to me and to the Magistrate. How long do you think the investigation will take?

NM: The police need to do the investigation as soon as possible. As per S.193 BNSS (Bharatiya Nagarik Surakhsa Sanhita) the time limit for the investigation is usually 90 days.

Scene 2: Crime Scene

Narrator: In another part of town, at the crime scene, SI Sunidhi sets out to investigate the case. She heads to the crime scene to speak to some shopkeepers who were witnesses to the scene.

SI Sunidhi: Hi, I am Sub-Inspector Sunidhi. We received information that a fight broke out here last week. Did you see what happened?

Shopkeeper: Yeah. I was here - these two men started fighting over some girl. They were so rowdy.

SI Sunidhi: Can you please tell me what happened in detail? Start from the beginning and tell me everything. Would you be fine with me recording your statement on my phone?

Shopkeeper: Sure!

Narrator: SI Sunidhi collects all the details from the shopkeeper and other eye witnesses.

SI Sunidhi: Thank you so much for sharing all these details! I see there is a CCTV camera outside your shop. Can I see the footage from that as well?

Shopkeeper: Sure!

Narrator: As part of the investigation police does three things:

  • Take statements from witnesses (S.180 BNSS) - for example, the police officer recorded a statement from the shopkeeper.
  • Collecting evidence - this could include CCTV footage, blood/DNA samples, photos of the crime scene, weapons, soil/wall scrapings, car paint, clothes, etc. This could also include electronic evidence like documents, whatsapp chats, emails, etc.
  • Recording statements from accused - there are special safeguards and protections under law for this which we will discuss in the next session.

Quick Revision:

QnA: If in this case, if the offence was non-cognizable, what would be different?

  • In filing complaint: Non-cognizable offence would be recorded as an NCR in the diary of the police station.
  • In investigation: Investigation cannot happen till Magistrate gives permission. No arrest without warrant.

Act 3: Taking Cognizance - Magistrate’s Court

Talking Points:

After all the three stages of evidence are complete, the police must file their report under Section 193 of BNSS before the magistrate. There are two kinds of reports that can be filed:

  • B-Report or Closure Report: If the police authorities, after a proper investigation find that there is no proper case against the accused, they will file a closure report. This report will say that there is no evidence against the accused
  • Chargesheet: If the police find enough evidence against the accused they will file a chargesheet with the details of investigation and evidence.

Act 4: Trial

  • In a trial, both sides present their arguments, show their evidence, and examine and cross-examine witnesses
  • Based on everything that the judge hears they come to a decision
  • This decision with reasons is put in writing as a judgement. The judgement will also mention the exact punishment and reasons for the same.

https://youtu.be/25szQmpfWgE?si=R30tdZIvysfBlMPU - court scene, cross-examination


Role of a NM

As a Nyaaya Mitra, the following are the ways that you can help with a criminal trial:

  • Identifying whether something that happened is a crime
  • Telling people what their options are - like you saw in the skit, you can help inform people about what the process is when a criminal offence happens, how to file a complaint, etc, and reassure them about the criminal process
  • Hand holding a client through speaking to the police and filing a complaint:
    • Making sure that the police files the right kind of complaint - FIR or NCR
    • Making sure that all details are captured in the complaint in the words of the complainant
    • Making sure that the complainant gets a stamped copy of complaint and copy of FIR
  • Keeping the client informed on what the steps are in a criminal process.
  • Helping the client speak to a lawyer if needed, and being a middle man between them

Talk by Police Officer - ASI Ramamurthy

  • Their duty and powers as a police officers
  • What services or help is provided at a police station (including on Women’s Desk)
  • What happens when someone comes to them with a complaint:
    • What kinds of complaints do they deal with
    • How do they file a complaint - how do they deal with cognizable v non-cognizable cases
    • What support do they provide to the complainant
  • Tips for Nyaaya Mitras on how to engage and communicate with police, and ensure that complaints are filed.
  • Space for questions - people are scared, so a space for them to freely ask questions

Additional stuff:

  • Refusal of FIR
  • Tips for visiting police officer

To check -

  • Is it 3 days for preliminary inquiry or 14 days (Need to cross check)

Helpful Sources:

  • https://www.barandbench.com/law-firms/view-point/overview-criminal-investigations-trials-bnss-bns-bsa-part-i
  • https://www.barandbench.com/law-firms/view-point/overview-criminal-investigations-and-trials-bnss-bns-bsa-part-ii

Homework:

Session 5: Criminal Law - Homework Tasks

  • Conduct an awareness session on how to file a criminal complaint. Make sure to share what to do if the police refuse to file a criminal complaint. Once you have filed the complaint, send a video on this Telegram Group: https://t.me/+UbiFW5QorFQ1MTk1.
  • Quiz on Reading the BNS: https://forms.gle/4FwFMqJKCR6WeULY8
  • Visit the closest police station in your area. Introduce yourself as a Nyaaya Mitra and speak about the work that you do. Make sure to take a picture and upload it on this form: https://forms.gle/bpjewyRuoVWWsVcn8

Admin Aspects to Discuss:

Role of CAP - Saloni

Role of NM Mentors

  • You can reach out to them for doubts on legal issues/cases - think of them as a helpful senior
  • They will be conducting one field visit per month to your communities to see the Nyaaya Mitra work you do


Case Updates

  • If you receive a case, take down details and share it with an OL Team Member - either Lakshmi. You need to share with us all important details.
  • Do not share case details with student buddies - as they are still students they may not know all the answers and are not in a position to give advice
  • Once you share details with us we will suggest the actions that need to be taken
  • If the case is complex we will create a WhatsApp group with us, you and in some cases the client - share all updates there.
  • Otherwise updates can be shared:
    • To the team member you are in contact with
    • On the group - but make sure to remove all private information (like name, address, phone number, etc)
  • Every Monday, please update us by sharing what is going on in your case - we have been sending reminder messages
    Within 7 day                



Chapter and Section


Chapter VI, Sec 137


Chapter VI, Sec 138


Chapter XVII, Sec 303

Stars

Chapter XVII, Sec 309

Colours

Chapter VI, Sec 114

Mallige

Chapter VI, Sec 116


Chapter VI, Sec 126

Suryakanti

Chapter VI, Sec 127

Jagriti

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