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Showing posts from September, 2025

BNSS Section 110 Explained: A Deep Dive into Reciprocal Arrangements for Summons and Warrants

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Introduction In an increasingly interconnected world, crime often transcends geographical borders. Offenders may exploit jurisdictional boundaries to escape legal accountability, creating significant challenges for law enforcement and judicial authorities. Addressing these cross-border complications requires a strong legal framework that ensures cooperation between courts, both within India and internationally. The Bharatiya Nagarik Suraksha Sanhita (BNSS) , introduced as a modern replacement for the Criminal Procedure Code (CrPC), provides such mechanisms. One of its most critical provisions is BNSS Section 110 , which lays down the procedure for reciprocal arrangements in serving summons and executing warrants. This provision not only strengthens domestic judicial coordination but also enables cooperation with foreign jurisdictions. Replacing the earlier CrPC Section 105 , BNSS Section 110 ensures that judicial processes are not obstructed by state or national borders. By formali...

BNSS Section 105: Audio-Video Electronic Recording of Search and Seizure

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Search and seizure activities are critical tools for law enforcement units to deter and investigate crimes. Nevertheless, such activities entail delicate situations, as they can transgress people's privacy or property rights. To reconcile effective law enforcement with accountability and transparency, BNSS Section 105 prescribes audio-video electronic means to record search and seizure activities. This provision is important to law enforcement officers and citizens alike because it guarantees a clear and impartial record of the procedure. Objective of Section 105 The main aim of BNSS Section 105 is to provide a verifiable record of search and seizure operations performed within the applicable framework of law. By mandating the recording of searches and seizures by police officers using audio-video electronic devices, for example, cell phones or body cameras, the law seeks to minimize controversy and claims of misconduct during such operations. The provision guarantees that the w...

Understanding BNSS Section 101: Power to Compel Restoration of Abducted Females

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  Introduction The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is India’s newly enacted criminal procedure code, replacing the century-old Code of Criminal Procedure (CrPC) of 1973. This legislative reform is part of a broader legal overhaul that also introduced the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA). Together, these statutes mark a major shift in the Indian criminal justice system, aiming to ensure swifter justice, improved victim protection, and greater procedural efficiency. Within this framework, Section 101 of the BNSS plays a crucial role in safeguarding women and female children who are victims of abduction or unlawful detention. This provision empowers magistrates to order their immediate restoration to liberty, ensuring that delays in conventional legal processes do not prolong the suffering of victims. The thesis of this article is clear: Section 101 embodies the state’s commitment to the protection of women and female childr...

BNSS Section 98 – Power to Declare Certain Publications Forfeited and to Issue Search Warrants

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 Introduction The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has superseded the age-old Code of Criminal Procedure, 1973, and brought various changes to India's criminal procedure regime. Among its numerous provisions, Section 98 is of crucial importance in the balance between state power and freedom of expression. It gives the power to the State Government to pronounce specified publications as forfeited and authorizes the grant of warrants for search for seizure of such publication. This section deals with the regulation of materials that can pose threats to public order, morality, or social harmony. In the process, it also generates very significant controversies regarding press freedom, censorship, and judicial review. Text of BNSS Section 98 The bare text of Section 98 reads: Where any newspaper, book, or document seems to the State Government to contain contents liable to be punished under Sections 152, 196, 197, 294, 295, or 299 of the Bharatiya Nyaya Sanhita, 20...

Understanding Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure for Arrests Outside Issuing District

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  Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was enacted to modernize and streamline India's criminal justice system, introducing comprehensive procedures for various aspects of law enforcement. Among its provisions, Section 82 specifically addresses the protocol for executing arrest warrants outside the district of issuance. This section ensures that arrests made beyond the issuing jurisdiction are conducted in a manner that upholds legal standards while protecting individual rights. Legal Framework of Section 82 Section 82, Sub-section (1) provides that in case of execution of the arrest warrant outside the district in which it is issued, the arrested person shall be produced before the nearest Executive Magistrate, District Superintendent of Police, or Commissioner of Police. It ensures the review of the arrest by a proper authority at the earliest stage, upholding the sanctity of the legal process. There are exceptions to this provision. If the court...

BNSS Section 79 - Where warrant may be executed

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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...

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

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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...