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BNSS Section 115 vs CrPC Section 105C Comparison

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Introduction The Indian legal system is undergoing one of its most significant transitions with the replacement of the Code of Criminal Procedure (CrPC), 1973, by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Among the many provisions that have been restructured, one area that stands out is the law governing international cooperation in criminal matters, particularly concerning property forfeiture and attachment of assets derived from unlawful activity. The core focus of this article is to analyze BNSS Section 115 vs CrPC Section 105C . This comparison highlights the shift from a broad, generalized framework to a more precise, enforceable, and globally aligned mechanism. For legal practitioners, law enforcement agencies, and scholars, understanding the nuances of BNSS Section 115 vs CrPC Section 105C is vital. This detailed study will dissect the procedural, substantive, and practical implications of the legislative transition. The Predecessor: Understanding CrPC Section 10...

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...

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...

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

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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...

Understanding BNSS Chapter 6 – Section 6: A Clear Guide to Classes of Criminal Courts in India

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  The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new Indian criminal procedure law that is replacing the Criminal Procedure Code (CrPC) and prescribes the manner in which the administration of justice in criminal cases is to be conducted. Chapter 6 of BNSS is significant as it prescribes the organizational structure of the criminal courts in India, namely through Section 6, which prescribes the types of criminal courts that are found throughout the states. This brief section is a crucial part of the prosecution of criminal cases—ranging from serious trials to ordinary administrative cases. It is necessary to familiarize oneself with this format, not only for law practitioners, but also for students, civil service examinees, and even ordinary citizens who would like to know more about the judicial system. Interpretation of BNSS Section 6: Classes of Criminal Courts Section 6 of BNSS states: "Subject to the High Courts and to the Courts of any law, other than this San...