Provisions Related to Arrest or Detention-BNSS 2023

Provisions Related to Arrest or Detention-BNSS 2023- Procedure When Investigation Cannot Be Completed in Twenty-Four Hours:

Section 187 of The Bharatiya Nagarik Suraksha Sanhita (BNSS 202 )

1. Extended Detention: If a person is arrested and detained in custody, and the investigation cannot be completed within 24 hours as mandated by Section 58, and there are grounds to believe that the accusation is well-founded, the officer in charge of the police station or the investigating officer (not below the rank of sub-inspector) must promptly send a copy of the case diary entries to the nearest Magistrate and forward the accused to the Magistrate.
2. Magistrate’s Authority: The Magistrate, whether or not they have jurisdiction to try the case, may authorize the detention of the accused in custody for up to fifteen days at a time, during the initial forty or sixty days out of a detention period of sixty or ninety days, as per subsection (3). If the Magistrate lacks jurisdiction and further detention is unnecessary, the accused may be forwarded to a competent Magistrate.
3. Extended Detention Beyond Fifteen Days: The Magistrate may authorize detention beyond fifteen days if there are sufficient grounds, but not exceeding:
   • Ninety days for investigations related to offences punishable with death, life imprisonment, or imprisonment of ten years or more.
   • Sixty days for investigations related to other offences. After these periods, the accused must be released on bail if they are prepared to furnish it.
4. Custody Conditions: Detention in police custody requires the accused’s initial and subsequent in-person appearances before the Magistrate, although further detention can be extended in judicial custody via in-person or audio-video means.
5. Second-Class Magistrates: A second-class Magistrate not specially empowered by the High Court cannot authorize police custody detention.
6. Absence of Magistrate: If a Magistrate is unavailable, the officer in charge can transmit case details to the nearest Executive Magistrate, who may authorize custody for up to seven days. The Executive Magistrate must then transmit records to the nearest Judicial Magistrate before the seven-day period expires.
7. Recording Reasons: A Magistrate authorizing police custody must record the reasons for doing so.
8. Reporting to Chief Judicial Magistrate: Any Magistrate other than the Chief Judicial Magistrate must forward a copy of the detention order and reasons to the Chief Judicial Magistrate.
9. Six-Month Investigation Limit: For cases triable as summons-cases, if the investigation is not concluded within six months from the date of arrest, the Magistrate must order the investigation to stop unless continuation is justified by special reasons and in the interests of justice.
10. Further Investigation: The Sessions Judge may vacate an order stopping the investigation and direct further investigation if deemed necessary, subject to directions regarding bail and other matters.

FAQs

1. Q1: What is the Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023? A1: The BNSS 2023 is a comprehensive legal framework aimed at enhancing the security and rights of Indian citizens. It introduces innovative changes to existing laws to ensure better protection and enforcement of citizen rights.
2. Q2: What are the key changes introduced in BNSS 2023? A2: The key changes include reforms in citizen protection measures, updated legal procedures for enforcement, enhanced rights for marginalized communities, and streamlined processes for addressing grievances.
3. Q3: How does BNSS 2023 impact the rights of Indian citizens? A3: BNSS 2023 significantly strengthens the rights of Indian citizens by providing clearer legal protections, ensuring faster resolution of legal issues, and enhancing accountability of law enforcement agencies.
4. Q4: Who benefits the most from the changes in BNSS 2023? A4: Marginalized communities, victims of crime, and the general public stand to benefit the most from the changes, as the new framework aims to provide more inclusive and accessible legal protections.
5. Q5: How does BNSS 2023 address public safety? A5: BNSS 2023 introduces stricter measures for crime prevention, improved surveillance and monitoring systems, and more efficient law enforcement practices to ensure public safety.
6. Q6: What legal procedures have been streamlined in BNSS 2023? A6: Procedures related to filing complaints, conducting investigations, and prosecuting offenders have been streamlined to reduce delays and improve the efficiency of the legal system.
7. Q7: How does BNSS 2023 enhance the accountability of law enforcement agencies? A7: The BNSS 2023 introduces stricter oversight mechanisms, clearer guidelines for conduct, and more robust disciplinary measures to hold law enforcement agencies accountable for their actions.
8. Q8: Are there any new rights introduced for citizens under BNSS 2023? A8: Yes, BNSS 2023 introduces new rights aimed at protecting citizens’ privacy, ensuring access to legal aid, and safeguarding against arbitrary detention and discrimination.
9. Q9: How can citizens learn more about their rights under BNSS 2023? A9: Citizens can learn more by accessing official government publications, attending awareness programs, and consulting legal experts who can provide detailed information about the changes and their implications.
10. Q10: What steps should citizens take if their rights are violated under BNSS 2023? A10: Citizens should report any violations to the appropriate authorities, seek legal assistance, and utilize the grievance redressal mechanisms established under BNSS 2023 to ensure their rights are protected …………… Provisions Related to Arrest or Detention-BNSS 2023

Do read:https://advawanti.com/bnss-2023-executive-magistrate-powers-and-public-safety/

Also visit:https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf