Category: Bharatiya Nagarik Suraksha Sanhita
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An overview of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Law and You >Procedural Laws > BNSS > An overview of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 formed the bedrock of India’s criminal justice system. These statutes comprehensively defined offenses, prescribed punishments, outlined legal…
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Security for Good Behaviour (Ss. 127 to 129 BNSS)
Law and You >Procedural Laws > BNSS > Security for Keeping Peace in Other Cases (S. 126 BNSS) Section 127, 128 and 129 of the BNSS corresponding to Sections 108, 109 and 110 of CrPC provide for taking security for good behaviour from certain groups of persons such as person disseminating seditious matters or matters…
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Security for Keeping Peace in Other Cases (S. 126 BNSS)
Law and You >Procedural Laws > BNSS > SSecurity for Keeping Peace in Other Cases (S. 126 BNSS) The chapter contemplates two kinds of securities i.e. security for keeping peace on conviction and in other cases and secondly security for good behaviour. It would be worthwhile to mention that the term ‘breach of peace’ has…
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Security for Keeping Peace on Conviction (S. 125 BNSS)
Law and You >Procedural Laws > BNSS > Security for Keeping Peace on Conviction (S. 125 BNSS) The chapter contemplates two kinds of securities i.e. security for keeping peace on conviction and in other cases and secondly security for good behaviour. It would be worthwhile to mention that the term ‘breach of peace’ has no…
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Other Rules Regarding Processes (Ss. 90 to 93 BNSS)
Law and You >Procedural Laws > BNSS > Other Rules Regarding Processes (Ss. 90 to 93 BNSS) In criminal cases service of process is required for seeking production of the accused, witnesses or related parties whenever needed. If the accused is found guilty at the conclusion of the trial, he must be present in person…
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Procedure of Arrest under BNSS (Ss. 36- 37, 43 – 46, 49-54, 60-62)
Law and You >Procedural Laws > BNSS > Procedure of Arrest under BNSS (Ss. 36- 37, 43 – 46, 49-54, 60-62) The procedure of arrest under the Bharatiya Nyaya Sanhuita, 2023 (BNSS), is a crucial aspect of the Indian criminal justice system. It lays down the legal framework that governs how and when a person…
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Rights of Arrested Persons (Ss. 38, 47-48, 55-59 BNSS)
Law and You >Procedural Laws > BNSS > Rights of Arrested Persons (Ss. 38, 47-48, 55-59 BNSS) In any just and democratic society, the legal principle of “innocent until proven guilty” stands as a cornerstone of the criminal justice system. This principle is upheld by a range of legal protections known as the rights of…
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Guidelines for Arrest of Persons (D K Basu Case)
Law and You >Procedural Laws > BNSS > Guidelines for Arrest of Persons (D K Basu) Custodial Violence is any kind of violence that takes place in the Lockup, police custody, or Judicial Custody. D.K. Basu v. State of W.B. is the landmark judgment that acted as a scourge against custodial violence which transpires in…
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Arrest of a Person Without Warrant (Ss. 35 and 39 to 42 BNS)
Law and You >Procedural Laws > BNSS > Arrest of a Person Without Warrant (Ss. 35 and 39 to 42 BNS) The concept of arrest of a person is a critical element in the administration of criminal justice. Governed primarily by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an arrest signifies the act of taking…
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Plea Bargaining under BNSS
Law and You >Procedural Laws > BNSS > Plea Bargaining under BNSS Delay and heavy workloads in the Courts have resulted in the informal system of pre-trial bargaining and settlement. This system is commonly known as ‘plea bargaining’. In some western countries, particularly in the United States where about 90% of criminal cases are disposed…