Forms and Schedule

The two Schedules to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — carrying forward the First and Second Schedules to the Code of Criminal Procedure, 1973 (CrPC) — are the working pages of the Code that every Magistrate keeps open on the bench. The First Schedule classifies every offence as cognizable or non-cognizable, bailable or non-bailable, triable by which court, and punishable with what maximum sentence. The Second Schedule prescribes the Forms — the summons, the warrant of arrest, the search warrant, the bond, the charge sheet, the formal charge, the judgment heading, and many more — that give the procedural skeleton of the Code its actual paper shape. Section 522 BNSS (previously Section 476 CrPC) preserves the Forms with such variations as the circumstances of each case require.

The architecture is utilitarian. The First Schedule is the universal lookup table. When the police draft an FIR, when the Magistrate decides whether to grant bail as a matter of right, when the Sessions Judge decides whether the case must be committed to him — the answer comes from the First Schedule. The Second Schedule, sitting at the back of the Code, supplies the Forms that the Code itself refers to throughout. Together they hold the Code's procedural classifications and its prescribed paperwork in a single place that the Code of Criminal Procedure and BNSS draws on at every stage.

The First Schedule — classification of offences

The First Schedule has two parts. Part I lists every offence under the Bharatiya Nyaya Sanhita, 2023 (the BNS, formerly the Indian Penal Code, 1860), section by section, with five columns: section, offence, punishment, whether cognizable or non-cognizable, whether bailable or non-bailable, and the court by which triable. Part II covers offences against other laws — the residuary classification that operates as a default for any statute that does not classify its own offences.

Part I — BNS offences

The substantive offences from Section 1 BNS to the last offence are entered in serial. Murder under Section 103 BNS (previously Section 302 IPC) is cognizable, non-bailable, and triable exclusively by the Court of Session. Theft under Section 303 BNS (previously Section 378 IPC) is cognizable, non-bailable but compoundable, and triable by any Magistrate. Causing death by negligent act under Section 106 BNS (previously Section 304A IPC) is cognizable but bailable. Defamation under Section 356 BNS (previously Section 500 IPC) is non-cognizable, bailable, and triable by a Magistrate of the First Class. Section 2(c) BNSS — the definitions chapter — expressly directs that 'cognizable offence' is to be ascertained from the First Schedule. The same rule governs 'bailable offence' under Section 2(a) BNSS. The First Schedule is, in that sense, an integral part of every cognate definition in the Code.

Part II — offences against other laws

Where a statute has not itself classified the offence, Part II of the First Schedule supplies the default. The classification turns on the maximum punishment. Offences punishable with death, imprisonment for life, or imprisonment for more than seven years are cognizable, non-bailable, and triable by the Court of Session. Offences punishable with imprisonment for three years and upwards but less than seven years are cognizable, non-bailable, and triable by a Magistrate of the First Class. Offences punishable with imprisonment for less than three years or with fine only are non-cognizable, bailable, and triable by any Magistrate. The Supreme Court has consistently applied this default classification — for instance, where a special-Act offence carries a maximum sentence of seven years, that offence becomes cognizable, non-bailable and triable by Sessions by reason of Part II of the First Schedule, even though the special Act itself is silent on the procedural classification.

How the First Schedule does its work

The Schedule does five jobs simultaneously, and the working Magistrate must read it as a single integrated table.

1. Cognizability. A cognizable offence is one for which a police officer may arrest without warrant. The classification feeds the chapter on police investigation — the police can investigate a cognizable offence without an order of a Magistrate; for non-cognizable offences, the order under Section 174 BNSS is required.
2. Bailability. Whether bail is a matter of right (bailable) or a matter of discretion (non-bailable) is decided by the entry. The bail and bonds chapter reads on this entry: Section 478 BNSS (previously Section 436 CrPC) operates only for offences classified as bailable in the First Schedule.
3. Sentence triability. The 'court by which triable' column tells the prosecutor where to file the chargesheet. The chapter on powers and sentencing jurisdiction reads on this entry to determine whether a Magistrate of the First Class, Second Class, the Chief Judicial Magistrate, or the Court of Session has the power to try and to impose sentence within statutory limits.
4. Process to be issued. Reading the maximum punishment column with Section 2(z) BNSS — the definition of 'summons-case' and 'warrant-case' — the Magistrate decides whether to issue a summons or a warrant. Offences punishable with up to two years are summons-cases; those above are warrant-cases.
5. Compoundability. The First Schedule is read with Section 359 BNSS (previously Section 320 CrPC) on compoundable offences. The list of compoundable and non-compoundable offences in Section 359 is the operative list, but the First Schedule's classification of the offence as cognizable or otherwise sets the procedural floor on which compounding rests.

State amendments to the First Schedule

State Legislatures have, from time to time, altered the classification of certain offences within their territories. Maharashtra, Rajasthan and West Bengal have notably done so for offences under their respective excise and gambling laws. Under Article 254 of the Constitution, a State amendment that received presidential assent prevails over the central classification in the State concerned. The Magistrate in the State must, accordingly, read the First Schedule with the local notification — a habit that costs candidates marks in mains papers when they assume a uniform all-India classification.

The Second Schedule — the Forms

Section 522 BNSS preserves the Forms set out in the Second Schedule, subject to the High Court's power under Article 227 of the Constitution. The Forms may be used with such variations as the circumstances of each case require, and if so used shall be sufficient. The list runs over fifty Forms, covering every routine document the Code requires the police, the Magistrate or the Sessions Court to issue. The most consequential ones repay learning by category.

Forms relating to arrest and process

Form Nos. 1 to 6 prescribe the formal warrant of arrest, the bail bond on arrest, and the proclamation under Sections 84–86 BNSS (previously Sections 82–85 CrPC). Form No. 1 — the warrant of arrest — must contain the name of the accused, the offence, the section, and the signature and seal of the issuing court. The warrant takes its substance from the chapter on arrest with and without warrant. Where the substantive provision creating power to arrest is the source, the Form is the body in which that power is exercised. The Allahabad High Court in Sayeed v. State, (1978) CrLJ 541, held that where the Code does not prescribe a specific Form for an order — such as the remand warrant under Section 346 BNSS (previously Section 309 CrPC) — a formal warrant addressed to the Jailor is still essential; without it, the custody is illegal. The Form lapses; the substance of the procedural protection does not.

Forms relating to summonses and notices

Form Nos. 7 to 12 cover summonses to the accused, summonses to witnesses, summonses to produce documents, and the notice of appearance after attachment. Form No. 7 — the summons — carries forward the substantive prescription in Section 63 CrPC. The BNSS, at Section 61, has now expanded the Form: a new clause (ii) authorises the summons to be issued in encrypted or any other form of electronic communication, bearing the image of the seal of the court or a digital signature. This is a textually small change with significant operational reach. It dovetails with the new e-FIR and Zero FIR mechanism and with the broader BNSS authorisation of electronic-mode proceedings under Section 530 BNSS.

Forms relating to search and seizure

Form Nos. 8 and 10 prescribe the search warrant under Section 96 BNSS (previously Section 93 CrPC) and the search-without-warrant memo under Section 185 BNSS (previously Section 165 CrPC). The Form is brief but its specificity matters — the warrant must state the offence, identify the place, and authorise the named officer. The substantive law lives in the chapter on processes to compel production of things; the Form is the operative paper. The BNSS innovation on audio-video recording of search and seizure has not displaced the Form — it has supplemented the Form with a record of execution.

Forms relating to bonds

Form Nos. 13 to 18 cover the various bonds the Code requires — the bail bond, the surety bond, the bond for keeping the peace, the bond on release of a convict, the bond by a witness for appearance. Section 498(2) BNSS — the disposal-on-conclusion-of-trial provision in the chapter on disposal of property seized — authorises a bond to restore property if the order is later altered or set aside; the Code provides no specific Form for that purpose, and the Supreme Court in Debabrata v. State, AIR 1969 SC 189, held that an ordinary indemnity bond in favour of the State Government is sufficient. The principle: where the Code does not prescribe a specific Form, the working substance of the bond fills the place of the Form.

Forms relating to charge and trial

Form Nos. 32 to 38 prescribe the formal charge — head, body, particulars, and signature. The charge formats supply the procedural counterpart to the substantive law in the chapter on charge. Section 234 BNSS (previously Section 211 CrPC) requires the charge to state the offence with such particulars as to time, place and person as may be necessary to give the accused notice. The Form supplies the textual frame; Section 234 supplies the content.

Forms relating to judgment and sentence

Form Nos. 41 to 50 cover the judgment heading, the warrant of commitment to prison, the warrant of execution of sentence of death, and the order suspending or remitting sentence. The judgment heading carried in the Form pairs with the substantive prescription in the chapter on judgment — form, contents, pronouncement and language. Section 392 BNSS (previously Section 354 CrPC) requires every judgment to contain the points for determination, the decision, and the reasons for the decision; the Form structures the heading and signature.

Section 522 BNSS — the savings clause for the Forms

Section 522 BNSS preserves the Forms with such variations as the circumstances of each case require, subject to the High Court's power under Article 227 of the Constitution. Two consequences flow.

1. The High Court may notify additional or alternative Forms. Article 227(2) authorises the High Court to prescribe Forms for the use of subordinate courts. Most High Courts have, accordingly, supplemented the Second Schedule with State-specific Forms — the Calcutta High Court Rules, the Bombay High Court (Original Side and Appellate Side) Rules, the Madras High Court Criminal Practice Rules, and equivalent rules in other High Courts.
2. The absence of a specific Form is no bar. Where the Code does not prescribe a Form for a particular order, that order may still be passed if the substance of the procedural protection is observed. Sayeed v. State (above) is the textbook authority; Debabrata v. State (above) is the companion. The Form lapses; the substance does not.

BNSS innovations — what changed

The BNSS retains the structural design of the two Schedules but updates them in five concrete ways.

1. First Schedule — BNS section numbers replace IPC section numbers. The classification of every offence has been ported to the BNS numbering. Murder is now Section 103 BNS, not Section 302 IPC. Theft is Section 303 BNS, not Section 378 IPC. The cognizability, bailability and triability classifications are unchanged for the offences that have moved across without substantive change. For the substantively reorganised offences — such as the new aggravated forms of cruelty under Section 86 BNS — the classification follows the new section's punishment ceiling.
2. First Schedule — Section 65 BNS, Section 70 BNS and Section 124(1) BNS aligned with Section 396 BNSS. The classification of the new offences of acid-attack and gang-rape (formerly Sections 326A and 376D IPC) sits with the victim-compensation regime in Section 396 BNSS — the classification ensures non-bailability and Sessions Court trial.
3. Second Schedule — Form 7 (summons) authorises electronic issuance. Section 61(ii) BNSS authorises the summons to be issued in encrypted or any other form of electronic communication, bearing the image of the seal of the court or a digital signature. The Form has thus expanded to include an electronic counterpart.
4. Second Schedule — search-and-seizure forms now sit alongside the audio-video recording mandate. Section 105 BNSS requires audio-video recording of every search and seizure. The Form on the search-warrant page is unchanged, but the panchnama-and-record obligation has expanded to include a digital file.
5. Section 477 CrPC vocabulary updated to Section 523 BNSS. The High Court's rule-making power on petition-writers, licences, fees and conduct of business now uses 'provided by rules made by the State Government' in place of 'prescribed', removing a long-standing drafting ambiguity. The Forms and Schedule regime continues to be governed by this rule-making power, in addition to the express text of Section 522 BNSS.

Reading the First Schedule — a worked example

To see how the Schedule does its work in practice, consider an FIR registered for an offence under Section 318 BNS (cheating, previously Section 415–420 IPC). The First Schedule entry against Section 318 BNS shows: cognizable, non-bailable for the aggravated form under Section 318(4), triable by a Magistrate of the First Class. The investigating officer can therefore arrest without warrant. The arrested person is not entitled to bail as a matter of right — the Magistrate has discretion under Section 480 BNSS (previously Section 437 CrPC). The chargesheet must be filed with the Magistrate of the First Class. The trial will follow the warrant-trial procedure because the maximum sentence is more than two years. The compounding option lies under Section 359 BNSS, where Section 318 figures in the table of compoundable offences with the court's permission. Each one of these procedural decisions takes its working answer from the First Schedule entry alone.

The same exercise applied to a more serious offence — say, kidnapping for ransom under Section 138 BNS (previously Section 364A IPC) — yields a different procedural shape. The Schedule entry shows: cognizable, non-bailable, triable exclusively by the Court of Session. The investigating officer can arrest without warrant. Bail is a matter of judicial discretion subject to the conditions in Section 480 BNSS, with the additional safeguards of Section 482 BNSS for anticipatory bail. The chargesheet must be filed before the Magistrate of the First Class for committal to Sessions under Section 232 BNSS (previously Section 209 CrPC). The trial follows the Sessions trial procedure. Compounding is not available — Section 138 BNS is non-compoundable. The Schedule, in other words, is the gate through which every procedural decision passes; the Code chapters are the rooms beyond the gate.

Comparative table — CrPC Schedules ⇔ BNSS Schedules

Subject	CrPC, 1973	BNSS, 2023	Change
First Schedule — BNS / IPC offences	Schedule I, Part I (IPC sections)	Schedule I, Part I (BNS sections)	Section numbers updated to BNS; classification preserved or aligned
First Schedule — other-law offences	Schedule I, Part II	Schedule I, Part II	No change — same default classification
Second Schedule — Forms	Schedule II	Schedule II	Form 7 (summons) expanded to authorise electronic issuance under Section 61 BNSS
Forms saving	Section 476	Section 522	No change
HC rule-making on Forms and conduct	Section 477	Section 523	'Prescribed' replaced with 'provided by rules made by the State Government'
Repeal-and-savings (Forms continuity)	Section 484	Section 531	Old CrPC Forms continue under savings clause for proceedings pending on 1 July 2024

Exam-pointer pitfalls

Five recurring distinctions drive the MCQ design in this chapter every year. They are simple, but every cycle a candidate stumbles on at least one.

1. Schedule, not statute. 'Cognizable', 'bailable', 'triable by which court' are determined by the First Schedule, not by the substantive section in the BNS. The substantive section supplies the punishment; the Schedule supplies the classification. Initiation of proceedings rests on this reading.
2. Part II — the default for other laws. Where a special Act does not classify its own offences, Part II of the First Schedule supplies the default by reference to the maximum punishment. The default is rebutted only by an express provision in the special Act — not by a guess from the offence's name.
3. State amendments to the First Schedule. A State Legislature, with presidential assent under Article 254, may alter the classification of certain offences within its territory. The Magistrate must read the central Schedule with the local notification.
4. Form lapse vs. substance lapse. The absence of a specific Form does not invalidate an order; Sayeed and Debabrata say so. But the absence of the substance the Form represents — a properly executed warrant addressed to the Jailor — makes the custody illegal.
5. BNSS Section 61(ii) — electronic summons. The summons may now be issued in encrypted electronic form bearing the image of the seal of the court or a digital signature. A non-receipt or technical-defect challenge to an electronic summons must establish actual prejudice; mere irregularity in the digital format is not, by itself, fatal.

The two Schedules are the Code's quietest provisions and its most consequential. The First Schedule is the table that decides the procedural shape of every prosecution. The Second Schedule is the paper on which that procedural shape is given effect. Section 522 BNSS holds them in continuity, and the BNSS supplements them — with electronic summonses, audio-video search records, and BNS-aligned classifications — without dislodging the working architecture. The exam asks the student to know the layout, the entries, and the savings rule. The court asks the Magistrate to apply them in working order, day after day.

Frequently asked questions

How is the cognizability of an offence under the BNS determined?

From the First Schedule, Part I, of the BNSS. Section 2(c) BNSS expressly directs that 'cognizable offence' is to be ascertained from the First Schedule. The substantive BNS section supplies the punishment; the First Schedule supplies the classification. For offences against laws other than the BNS, Section 2(c) read with Part II of the First Schedule supplies the default — offences punishable with three years or more are cognizable; below three years and fine-only offences are non-cognizable, unless the special law itself classifies the offence.

What is the difference between Part I and Part II of the First Schedule?

Part I lists every offence under the Bharatiya Nyaya Sanhita, 2023, section by section, with five columns — section, offence, punishment, cognizability and bailability, and court by which triable. It is the operative classification for all BNS offences. Part II covers offences against other laws — the residuary classification that operates as a default for any statute that does not classify its own offences. Part II turns on the maximum punishment: offences punishable with seven years or more are cognizable, non-bailable, triable by Sessions; three to seven years are cognizable, non-bailable, triable by Magistrate of the First Class; below three years are non-cognizable and bailable.

Does Section 522 BNSS make the prescribed Forms mandatory?

Not strictly. Section 522 BNSS provides that the Forms set out in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if so used shall be sufficient. Two consequences follow. First, where the Code does not prescribe a specific Form, the order may still be passed if the substance of the procedural protection is observed (Sayeed v. State, (1978) CrLJ 541, on remand under Section 309 CrPC). Second, the High Court may, under Article 227(2) of the Constitution, prescribe additional or alternative Forms for use in subordinate courts.

What is the BNSS innovation in the summons Form?

Section 61(ii) BNSS authorises the summons to be issued in encrypted or any other form of electronic communication, bearing the image of the seal of the court or a digital signature. This is a textually small change with significant operational reach — it converts what was an exclusively paper Form into a Form that may also be served electronically. The provision dovetails with Section 530 BNSS, which authorises proceedings to be held in electronic mode, and with the new e-FIR mechanism. The substantive content of the summons — the offence, the date and place of appearance, the seal or signature — remains unchanged.

Can a State Legislature alter the classification of an offence in the First Schedule?

Yes — with presidential assent under Article 254 of the Constitution. State Legislatures have done so for offences under their respective excise and gambling laws. Maharashtra, Rajasthan and West Bengal have notable amendments. Where a State amendment alters the cognizability or bailability of an offence within its territory, the Magistrate in that State must read the central First Schedule together with the State notification. A common MCQ pitfall is to assume an all-India uniform classification — the Schedule is amended, in places, by State Legislatures.