Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Criminal Procedure: Investigation, Cognizance and Trial under BNSS

Updated 11 October 2026 · Fact-checked

Criminal procedure is the set of steps the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down to take a case from information to police, through investigation, cognizance by a Magistrate, charge, trial and judgment. To answer a question, identify the stage, state the BNSS provision, apply it to the facts and conclude.

Understand Criminal Procedure: Investigation, Cognizance and Trial

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines offences and punishments. The BNSS says how a person is investigated, tried and punished. Think of BNS as the 'what' and BNSS as the 'how'.

A case usually moves in this order: information to the police, investigation, report to the Magistrate, cognizance, charge, trial, judgment, and then appeal or other remedy. Bail can arise at many points along the way, mainly after arrest.

The first distinction is between cognizable and non-cognizable offences. In a cognizable offence, the police can generally investigate and arrest without a warrant. In a non-cognizable offence, the police must record the information, refer the informant to the Magistrate, and cannot investigate without the Magistrate's order (Section 174 BNSS).

The second distinction is bailable and non-bailable. For a bailable offence, bail is a matter of right. For a non-bailable offence, bail is at the discretion of the court, subject to the limits in Section 480 BNSS. Do not mix the two pairs: an offence can be cognizable and bailable, or non-cognizable and non-bailable, and so on.

The third idea is cognizance. This is the point at which a Magistrate (or competent court) applies his mind to an offence to take judicial action. Investigation is a police function; cognizance and trial are judicial functions. Keeping police and court roles separate helps you structure every answer.

Key rules to remember

Non-cognizable case: police duty: Record substance of information → refer informant to Magistrate → forward daily diary report fortnightly (Section 174(1) BNSS); Police cannot investigate a non-cognizable case without the order of a Magistrate having power to try it or commit it for trial (Section 174(2)).
Powers on Magistrate's order: Police officer with order may exercise investigation powers, except power to arrest without warrant (Section 174(3) BNSS); Learn the exception; it is a frequent point.
Mixed case: Two or more offences, at least one cognizable → whole case treated as cognizable (Section 174(4) BNSS); Applies even if the other offences are non-cognizable.
Bail in non-bailable offence: bar: No release if reasonable grounds to believe guilt of an offence punishable with death or life imprisonment (Section 480(1)(i) BNSS); Exceptions: child, woman, or sick or infirm person may be released by court direction.
Bail in non-bailable offence: previous convictions: No release if cognizable offence and earlier conviction for death/life/7 years or more, or two or more earlier convictions of cognizable offences punishable with 3 years or more but less than 7 (Section 480(1)(ii)); Court may still release for any other special reason if it is just and proper.
Bail when guilt is doubtful: No reasonable grounds for believing guilt, but sufficient grounds for further inquiry → release on bail or on bond (Section 480(2) BNSS); Subject to Section 492.
Mandatory bail conditions: Offence punishable with 7 years or more, or under Chapters VI, VII or XVII of BNS (or abetment, conspiracy, attempt) → court must impose conditions (Section 480(3) BNSS); Attend as per bond; do not commit similar offence; do not induce, threaten or tamper with evidence.
Reasons for bail: Officer or court granting bail must record reasons in writing (Section 480(4) BNSS); Court may later direct arrest and custody if necessary (Section 480(5)).
60-day rule in Magistrate trial: Non-bailable offence, trial not concluded within 60 days from first date fixed for taking evidence, accused in custody throughout → release on bail unless Magistrate records reasons otherwise (Section 480(6) BNSS); Applies only to cases triable by a Magistrate.
Anticipatory bail: Person apprehending arrest for a non-bailable offence may apply to the High Court or Court of Session (Section 482(1) BNSS); Court may impose conditions such as availability for interrogation and not leaving India without permission (Section 482(2)). Section 482 does not apply to arrest for offences under Section 65 and Section 70(2) BNS (Section 482(4)).

How to solve Criminal Procedure: Investigation, Cognizance and Trial questions

Use this method for any question on the stages of a criminal case, bail or classification of offences.

1Read the facts and fix the stage: information, investigation, arrest, cognizance, charge, trial, bail or judgment.
2Classify the offence: cognizable or non-cognizable, bailable or non-bailable. Say which BNSS provision applies.
3State the rule in plain words with the section number only where you are sure of it. Use the exact conditions, such as 'seven years or more'.
4Identify who acts: police, Magistrate, Court of Session or High Court. Do not give a court a power the section does not give it.
5Apply the rule to the facts in short sentences. Mention each fact that matters, such as arrest without warrant or time spent in custody.
6Check for exceptions and provisos, for example child, woman, sick or infirm, or the Public Prosecutor's hearing.
7Write a one-line conclusion that answers the question asked.

Quickest way: Stage-Classify-Section method

When to use it: Use when you have about 5 to 7 minutes for a short-note or problem question.

Write the stage in one phrase, for example 'non-cognizable case, police stage'.
Write the matching rule and section in one or two lines.
Add one line of application to the facts.
Close with a one-line conclusion starting 'Hence'.

Common mistakes in Criminal Procedure: Investigation, Cognizance and Trial

Confusing cognizable with non-bailable, treating them as the same thing.
Both pairs are about how serious an offence is, so they feel alike.
Fix: Remember: cognizable relates to police power to investigate and arrest without warrant; bailable relates to the right to bail. Classify on both axes separately.
Saying police can never investigate a non-cognizable offence.
Students remember only the bar in Section 174(2).
Fix: Add that police can investigate on the order of a Magistrate with power to try or commit the case, but cannot arrest without warrant.
Forgetting that a mixed case is treated as cognizable.
Students look at each offence separately.
Fix: Apply Section 174(4): if at least one offence is cognizable, the whole case is cognizable.
Stating that bail in a non-bailable offence is a right, or that it is never allowed.
Over-simplified notes.
Fix: Say it is discretionary, with the bars in Section 480(1), and the exceptions for child, woman, sick or infirm persons.
Applying the 60-day bail rule to Sessions trials.
Students remember the number but not the condition.
Fix: State that it covers cases triable by a Magistrate, a non-bailable offence, custody for the whole period, and counts from the first date fixed for taking evidence.
Mixing up regular bail and anticipatory bail courts.
Both are under the same Chapter.
Fix: Regular bail after arrest is under Section 480; direction for bail on apprehension of arrest is under Section 482 and is sought from the High Court or Court of Session.

Worked examples

Example 1

Ravi tells the officer in charge of a police station in Pune that his neighbour abused him in a way that amounts only to a non-cognizable offence. The officer wants to start investigating and arrest the neighbour. Advise.

Show the solution

Stage: information to police about a non-cognizable offence. Section 174 BNSS applies.
Duty of the officer: enter the substance of the information in the prescribed book, refer Ravi to the Magistrate, and forward the daily diary report fortnightly to the Magistrate.
Bar: no police officer can investigate a non-cognizable case without the order of a Magistrate having power to try the case or commit it for trial.
If the Magistrate orders, the officer may investigate with the powers of an officer in charge of a police station in a cognizable case, but not the power to arrest without warrant.

Answer: The officer cannot start investigating or arrest the neighbour on his own. He must record the information and refer Ravi to the Magistrate. Only after a Magistrate's order can he investigate, and even then he cannot arrest without a warrant.

Example 2

Meera is accused of a non-bailable offence triable by a Magistrate and has been in custody since before the first date fixed for taking evidence. The trial is not over after 75 days from that date. She seeks bail. Decide.

Show the solution

Stage: bail in a non-bailable offence. Section 480(6) BNSS is relevant.
Conditions: case triable by a Magistrate; offence non-bailable; trial not concluded within 60 days from the first date fixed for taking evidence; accused in custody during the whole period.
Facts: 75 days have passed, which is more than 60, and Meera has been in custody throughout.
Exception: the Magistrate may refuse for reasons recorded in writing.
Result: bail must be granted to the Magistrate's satisfaction unless he records written reasons otherwise.

Answer: Meera is entitled to be released on bail to the satisfaction of the Magistrate under Section 480(6) BNSS, unless the Magistrate, for reasons recorded in writing, directs otherwise.

Exam tips

Write the section number only when you are sure; otherwise state the rule in words. Marks go for the rule and application.
For classification questions, draw a two-line split: cognizable versus non-cognizable, then bailable versus non-bailable, and give the consequence of each.
In bail problems, name the court and the stage. Section 480 for bail after arrest; Section 482 for apprehended arrest.
Use the BNSS and BNS only. Do not cite the old CrPC or IPC except to contrast.
Finish every problem answer with a clear conclusion in one sentence.

Practice questions from Laws relating to Crime and its Procedure

Criminal Procedure: Investigation, Cognizance and Trial: frequently asked questions

What is the difference between a cognizable and a non-cognizable offence?

In a cognizable offence the police can generally investigate and arrest without a warrant. In a non-cognizable offence the police must record the information and refer the informant to the Magistrate, and cannot investigate without the Magistrate's order (Section 174 BNSS).

What happens if a case has both cognizable and non-cognizable offences?

If at least one offence is cognizable, the whole case is deemed cognizable, even if the others are non-cognizable (Section 174(4) BNSS).

Can a non-bailable offence ever get bail?

Yes. Bail is discretionary under Section 480 BNSS. It is barred in the cases listed in Section 480(1), such as reasonable grounds to believe guilt of an offence punishable with death or life imprisonment, but a child, woman or sick or infirm person may still be released by the court.

Who can grant anticipatory bail?

A person who believes he may be arrested for a non-bailable offence can apply to the High Court or the Court of Session under Section 482 BNSS. The court may direct that he be released on bail if arrested, and may attach conditions.