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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 201 – BNSS | Place of trial in case of certain offences.

Section 201 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 201 – BNSS | Place of trial in case of certain offences. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committedr any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 200 – BNSS | Place of trial where act is an offence by reason of relation to other offence

Section 200 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 200 – BNSS | Place of trial where act is an offence by reason of relation to other offence When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 40 – BNSS | Arrest by private person and procedure on such arrest

Section 40 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 40 – BNSS | Arrest by private person and procedure on such arrest (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.  (2) If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody.  (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. https://youtube.com/watch?v=/i0OIDr32MM4

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 39 – BNSS | Arrest on refusal to give name and residence

Section 39 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 39 – BNSS | Arrest on refusal to give name and residence (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.  (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India.  (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 38 – BNSS | Right of arrested person to meet an advocate of his choice during interrogation

Section 38 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 38 – BNSS | Right of arrested person to meet an advocate of his choice during interrogation When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 37 – BNSS | Designated police officer

Section 37 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 37 – BNSS | Designated police officer The State Government shall—  (a) establish a police control room in every district and at State level;  (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 36 – BNSS | Procedure of arrest and duties of officer making arrest

Section 36 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 36 – BNSS | Procedure of arrest and duties of officer making arrest Every police officer while making an arrest shall—  (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;  (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and  (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 35 – BNSS | When police may arrest without warrant

Section 35 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35 – BNSS | When police may arrest without warrant (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; or  (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary—(a) to prevent such person from committing any further offence; or(b) for proper investigation of the offence; or(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or  (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.  (2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.  (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.  (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.  (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.  (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. https://youtube.com/watch?v=/vp72hSYKWDA?feature=share

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 34 – BNSS | Duty of officers employed in connection with affairs of a village to make certain report

Section 34 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 34 – BNSS | Duty of officers employed in connection with affairs of a village to make certain report (1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting—  (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;  (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;  (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;  (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;  (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331 or 332;  (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information (2) In this section,—  (i) “village” includes village lands;  (ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;  (iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 33 – BNSS | Public to give information of certain offences

Section 33 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 33 – BNSS | Public to give information of certain offences (1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:— (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307;(ix) sections 309 to 312 (both inclusive); (x) sub-section (5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.  (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

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