Posts

BNSS Section 79 - Where warrant may be executed

Image
The execution of a warrant is a critical component of law enforcement and the judicial process. Understanding BNSS Section 79 - Where warrant may be executed is essential for law enforcement authorities, legal practitioners, and individuals involved in legal proceedings. A warrant represents a formal authorization issued by a competent judicial authority, typically a judge or magistrate, permitting law enforcement officers to take specific actions such as arresting a person, conducting a search, or seizing property. The determination of BNSS Section 79 - Where warrant may be executed involves multiple legal, jurisdictional, and procedural considerations that directly impact the legitimacy and enforceability of the warrant. Legal Basis for Warrants The legal foundation of warrant execution is central to understanding BNSS Section 79 - Where warrant may be executed . Warrants are grounded in statutory law and constitutional protections, ensuring that any action taken under their auth...
Post a Comment
Read more

BNSS Section 73 – Power to Direct Security to Be Taken: Explained

Image
Learn about BNSS Section 73 – Power to Direct Security to Be Taken. Understand its meaning, procedure, objectives, key features, practical implications, and difference from CrPC for law students, aspirants, and professionals. Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure (CrPC), 1973, bringing several procedural reforms in India’s criminal justice system. One of its important provisions is Section 73 – Power to Direct Security to Be Taken . This section deals with the situation where a Court issues a warrant of arrest but at the same time allows the accused to secure their release by providing bail bond and sureties. The idea is to balance individual liberty with the need for ensuring presence in Court . In this article, we will explain BNSS Section 73 in detail , its objective, procedure, key features, comparison with CrPC, practical use cases, and FAQs . Text of BNSS Section 73 (1) Any Court issuing a warrant fo...
Post a Comment
Read more

BNSS Section 71 – Service of Summons on Witness

Image
Introduction Summons are an indispensable component of criminal procedure. They constitute formal directions issued by a court requiring an individual to appear before it on a specific date and time. While summons may be directed to an accused, a witness, or even a party in possession of documents relevant to adjudication, the efficacy of the justice system rests heavily upon the prompt and proper service of summons to witnesses. Witness testimony frequently determines the outcome of criminal trials, and delays in their appearance often prolong proceedings unnecessarily. With the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the Code of Criminal Procedure, 1973 (CrPC) , Parliament has sought to modernise procedural law. Section 71 of the BNSS specifically addresses the Service of summons on witness , providing courts with broader powers and technologically updated mechanisms to ensure that summons reach their intended recipients without delay. This provision symbolises t...
Post a Comment
Read more

BNSS Section 67 – Procedure When Service Cannot Be Effected as Before Provided

Image
Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has brought in several changes to India’s criminal procedure system, replacing the old Criminal Procedure Code (CrPC) . One of the crucial parts of this law deals with how courts make sure that summons are properly served to people involved in a case. Serving summons might sound like a simple task—an officer hands over a legal notice to the person required to appear in court. But in practice, it is not always so easy. Many people try to avoid summons, while in other cases, the person may simply not be found. To handle such situations, BNSS Section 67 lays down a specific method. In this article, we will break down Section 67 in plain words, explain how it works, why it is important, and answer common questions people often ask about this provision. The Law Under Section 67 BNSS The section says that: If, despite due efforts, the summons cannot be served under Section 64 (personal service), Section 65 (service on...
Post a Comment
Read more

BNSS Section 64 – Summons How Served

Image
Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has replaced the old Code of Criminal Procedure (CrPC), 1973, and brought several changes in criminal law in India. One important part of this law is the procedure for issuing and serving summons. Summons are official notices that call a person to appear before a court. Section 64 of BNSS explains how summons must be served, who can serve them, and in what form they can be delivered. Understanding this section is important not only for lawyers and judges but also for common citizens, because it ensures fairness and transparency in the legal process. In this article, we will break down BNSS Section 64 in simple words and explain its meaning, procedure, and impact on the justice system. What is a Summons under BNSS? A summons is a legal order issued by a court, asking a person to appear in court either as an accused, a witness, or for some other legal purpose. Unlike a warrant, which involves police custody, a summon...
Post a Comment
Read more

BNSS Section 46 – No unnecessary restraint explained

Image
Introduction “Next The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.” This single sentence from BNSS Section 46 – No unnecessary restraint captures a vital safeguard in Indian criminal procedure. While the State has the authority to arrest, that power is not limitless. Officers must act within clear boundaries to ensure that an individual is not subjected to unnecessary physical or psychological force once taken into custody. This article explains the statutory background of Section 46, its legal interpretation, and how it applies in real-life policing. It also explores the rights of arrestees, practical implications for officers, and remedies when restraint goes beyond lawful limits. Background and Statutory Context BNSS Section 46 is part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which replaced the Code of Criminal Procedure (CrPC) as India’s primary procedural law in criminal matters. This section reiterates a...
Post a Comment
Read more

Handcuffs used during lawful arrest under BNSS Section 43

Image
  Arrest is one of the most visible exercises of police authority, and understanding the legal framework is essential for both citizens and law students. BNSS Section 43 outlines how arrests must be carried out lawfully, emphasizing lawful procedure, safeguards for women, limits on force, and the circumstances under which handcuffs may be used. This article provides a plain-language explanation of Section 43, practical examples, and guidance on rights and police duties under this provision. What Section 43 Says  BNSS Section 43 sets out clear rules for making an arrest. Key points include: Physical touch or submission : “In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action” (BNSS Section 43). Arrest of women : A woman’s submission is generally presumed on oral intimation. Officers are restricted from touching her unles...
Post a Comment
Read more