BNSS Chapter 3

When it comes to criminal justice in India, understanding who has the authority to hear cases and give punishments is essential. This is exactly what Chapter 3 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 covers. Titled “Powers of Courts,” this chapter outlines which court can handle what kind of offence and how much punishment different courts are allowed to impose. It also explains how these powers are given, used, and even taken back.

If you are a law student, a UPSC or judiciary exam aspirant, or simply someone trying to understand India’s legal structure, this guide will help you understand BNSS Chapter 3 in a clear and practical way.

Why BNSS Chapter 3 is Important

Before diving into the sections, let’s understand the intent behind this chapter. In India’s criminal justice system, different courts have different levels of authority. For example, a small theft case may be heard by a Magistrate, while a murder case will go to a Sessions Court.

Chapter 3 ensures:

• Proper distribution of cases based on seriousness

• Defined sentencing powers for each type of court

• Smooth functioning of courts and police officers

• Avoidance of misuse or overreach of power

Now, let’s explore each section under Chapter 3 of BNSS.

Section 21 – Courts by which offences are triable

This section clearly mentions that offences must be tried by courts that have jurisdiction over them. Not every court can hear every kind of case.

• Magistrate Courts handle less serious offences such as theft under ₹5,000, cheating, or public nuisance.

• Sessions Courts handle major crimes such as rape, murder, kidnapping, dacoity, etc.

This classification helps the judicial system run efficiently and avoids overburdening higher courts with minor matters.

Example: If a person is caught shoplifting, it will be heard by a Magistrate. But if someone is charged with murder, the case will go to a Sessions Court.

Section 22 – Sentences which High Courts and Sessions Judges may pass

This section defines the maximum punishment powers of Sessions Judges and High Courts.

• A Sessions Judge can pass any sentence, including life imprisonment or death penalty.

• However, if a Sessions Judge gives a death sentence, it must be confirmed by the High Court.

This ensures a balance of power and introduces a higher level of review for the most serious punishments.

This section reflects the seriousness with which capital punishment is treated in India. It is not left to a single court to finalize such a decision.

Section 23 – Sentences which Magistrates may pass

This section explains how much punishment a Magistrate can impose. Magistrates are divided into different classes:

• Chief Judicial Magistrate (CJM): Up to 7 years imprisonment.

• Magistrate of First Class: Up to 3 years and fine (as per the prescribed limit).

• Magistrate of Second Class: Up to 1 year and a smaller fine.

This makes sure that the authority of punishment is proportional to the level of the court.

A First Class Magistrate may hear a case related to fraud below ₹2 lakh but cannot try a rape case—that would go to a Sessions Court.

Section 24 – Sentence of imprisonment in default of fine

This section is about cases where the court imposes a fine, and the offender fails to pay it. In such situations, the court can impose imprisonment in default of payment.

But the law also sets a limit—the extra jail time must not be more than what the law allows for the original crime.

If someone is fined ₹10,000 for illegal construction and does not pay, they might face up to 3 months in jail (depending on the provisions of that offence).

Section 25 – Sentence in cases of conviction of several offences at one trial

Sometimes, a person is found guilty of multiple offences in one trial. For example, robbery and assault committed at the same time.

This section says:

• The court can give separate sentences for each offence.

• The judge may allow the punishments to run concurrently (at the same time) or consecutively (one after another).

• But the total sentence cannot go beyond what the court is legally allowed to impose.

This maintains judicial discipline and fairness.

Section 26 – Mode of conferring powers

No judge or magistrate can just start functioning with full authority. Section 26 explains that powers must be formally conferred in writing by the State Government or High Court.

This ensures that only those who are legally appointed and qualified get the powers to judge or prosecute.

Section 27 – Powers of Officers appointed

If a new officer is appointed in place of someone else—due to transfer, promotion, or retirement—this section says that they will automatically hold the same powers as the earlier officer.

This avoids delays in court proceedings or police work and ensures administrative continuity.

Section 28 – Withdrawal of powers

Just like powers can be given, they can also be withdrawn. If a judge, magistrate, or officer is misusing their power or no longer needs it due to transfer, the High Court or State Government can revoke their powers.

This acts as a check on judicial or police misconduct.

Section 29 – Powers of Judges and Magistrates exercisable by their successors-in-office

Court cases often take time. If the judge is transferred or retires during a case, this section allows the next judge or magistrate to take over the case from where it was left.

This prevents delay and ensures that the trial process does not restart from zero.

Section 30 – Powers of Superior officers of police

This section gives clarity in the police hierarchy. A superior police officer has the same powers as their juniors.

So, in urgent or special cases, senior officers like the Deputy Superintendent of Police (DSP) or Superintendent of Police (SP) can take charge of actions usually done by Inspectors or Sub-Inspectors.

This helps in maintaining command control and fast response.

Key Takeaways for Readers

• BNSS 2023 Chapter 3 clearly defines the powers of criminal courts in India.

• It ensures case distribution based on the seriousness of the offence.

• Magistrates and Judges have sentencing powers within specific limits.

• Powers are granted officially and can be withdrawn if misused.

• Successor judges continue cases smoothly without starting over.

• Senior police officers can act in the place of juniors to keep law and order.

Conclusion

Understanding BNSS Chapter 3 – Powers of Courts is essential for anyone interested in how the criminal justice system in India works. From knowing which court handles which case to understanding how sentencing is done, this chapter builds the base for fair and efficient legal proceedings.

As BNSS 2023 replaces the old CrPC, it brings more clarity, better structure, and improved checks and balances. Whether you're preparing for judiciary exams, studying law, or simply curious about legal reforms in India, Chapter 3 is worth your attention.