Section 308 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 308 – BNSS | Evidence to be taken in presence of accused. Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government: Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, theCourt may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita

Section 307 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 307 – BNSS | Language of Courts. The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court.

Section 62 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 62 – BNSS | Arrest to be made strictly according to Sanhita No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.

Section 306 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 306 – BNSS | Power to issue commission for examination of witness in prison. The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Section 61 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 61 – BNSS | Power, on escape, to pursue and retake (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.  (2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

Section 305 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 305 – BNSS | Prisoner to be brought to Court in custody Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.

Section 60 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 60 – BNSS | Discharge of person apprehended No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate.

Section 59 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 59 – BNSS | Police to report apprehension Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

Section 304 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 304 – BNSS | Officer in charge of prison to abstain from carrying out order in certain contingencies. Where the person in respect of whom an order is made under section 302—(a) is by reason of sickness or infirmity unfit to be removed from the prison; or(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or(d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court’s order and shallsend to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).

Section 58 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 58 – BNSS | Person arrested not to be detained more than twenty-four hours No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not.