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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 48 – BNSS | Obligation of person making arrest to inform about arrest, etc., to relative or friend

Section 48 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 48 – BNSS | Obligation of person making arrest to inform about arrest, etc., to relative or friend (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district.  (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.  (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide.  (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 292 – BNSS | Report of mutually satisfactory disposition to be submitted before Court.

Section 292 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 292 – BNSS | Report of mutually satisfactory disposition to be submitted before Court. Where in a meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 291 – BNSS | Guidelines for mutually satisfactory disposition.

Section 291 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 291 – BNSS | Guidelines for mutually satisfactory disposition. In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:—(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process iscompleted voluntarily by the parties participating in the meeting: Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case;(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 47 – BNSS | Person arrested to be informed of grounds of arrest and of right to bail

Section 47 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 47 – BNSS | Person arrested to be informed of grounds of arrest and of right to bail (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.  (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 290 – BNSS | Application for plea bargaining.

Section 290 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 290 – BNSS | Application for plea bargaining. (1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial.(2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence.(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case.(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where—(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1).

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 289 – BNSS | Application of Chapter.

Section 289 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 289 – BNSS | Application of Chapter. (1) This Chapter shall apply in respect of an accused against whom—(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 288 – BNSS | Language of record and judgment

Section 288 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 288 – BNSS | Language of record and judgment (1) Every such record and judgment shall be written in the language of the Court.(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 286 – BNSS | Record in summary trials.

Section 286 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 286 – BNSS | Record in summary trials. In every case tried summarily, the Magistrate shall enter, in such form as theState Government may direct, the following particulars, namely:—(a) the serial number of the case;(b) the date of the commission of the offence;(c) the date of the report or complaint;(d) the name of the complainant (if any);(e) the name, parentage and residence of the accused;(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed;(g) the plea of the accused and his examination (if any);(h) the finding;(i) the sentence or other final order;(j) the date on which proceedings terminated

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 285 – BNSS | Procedure for summary trials.

Section 285 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 285 – BNSS | Procedure for summary trials. (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned.(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter

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