Category: Bharatiya Nagarik Suraksha Sanhita
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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…
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Criminal Charge Under BNSS
Law and You >Procedural Laws > BNSS > Criminal Charge Under BNSS One basic requirement of a fair trial in criminal jurisprudence is to give precise information to the accused as to the accusation against him. This is of significant value as it helps the accused in the preparation of his defence. In all trials…
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Summary Trials under BNSS (Ss. 283 to 288 of BNSS)
Law and You >Procedural Laws > BNSS > Summary Trials under BNSS (Ss. 283 to 288 of BNSS) The word “trial” is used both in civil and in Criminal matters. The process of trial as enumerated in our Indian Constitution Art. 21 and also in certain enactments is that “trial is a right of a…
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Maintenance of Peace and Tranquillity: Dealing Unlawful Assemblies (Ss. 148 to 151 of BNSS)
Law and You >Procedural Laws > BNSS > Maintenance of Peace and Tranquillity: Dealing Unlawful Assemblies (Ss. 148 to 151 of BNSS) Peace and tranquillity are the prerequisites for development in society. If there is disorderliness in society or any other hindrance of similar nature, the society cannot provide to the individual, the opportunity to…
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Search Warrants: Processes to Compel the Production Of Things (Ss. 96 to 101 BNSS)
Law and You >Procedural Laws > BNSS > Search Warrants: Processes to Compel the Production Of Things The law regarding processes to compel the production of documents and other movable property is laid down in Sections 94 to95 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such processes are of two kinds, viz., a summons and…