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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 303 – BNSS | Power of State Government or Central Government to exclude certain persons from operation of section 302.

Section 303 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 303 – BNSS | Power of State Government or Central Government to exclude certain persons from operation of section 302. (1) The State Government or the Central Government, as the case may be, may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons.(2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:—(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) the public interest, generally.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 57 – BNSS | Person arrested to be taken before Magistrate or officer in charge of police station

Section 57 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 57 – BNSS | Person arrested to be taken before Magistrate or officer in charge of police station A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 302 – BNSS | Power to require attendance of prisoners.

Section 302 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 302 – BNSS | Power to require attendance of prisoners. (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,—(a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him; or(b) that it is necessary for the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or for giving evidence.(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 55 – BNSS | Procedure when police officer deputes subordinate to arrest without warrant

Section 55 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 55 – BNSS | Procedure when police officer deputes subordinate to arrest without warrant (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.  (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 301 – BNSS | Definitions

Section 301 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 301 – BNSS | Definitions In this Chapter,—(a) “detained” includes detained under any law providing for preventivedetention;(b) “prison” includes,—(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;(ii) any reformatory, Borstal institution or other institution of a like nature

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 54 – BNSS | Identification of person arrested

Section 54 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 54 – BNSS | Identification of person arrested Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:  Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 53 – BNSS | Examination of arrested person by medical officer

Section 53 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 53 – BNSS | Examination of arrested person by medical officer (1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.  (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.  (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 299 – BNSS | Statements of accused not to be used.

Section 299 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 299 – BNSS | Statements of accused not to be used. Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.

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