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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 32 – BNSS | Aid to person, other than police officer, executing warrant

Section 32 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 32 – BNSS | Aid to person, other than police officer, executing warrant When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 31 – BNSS | Public when to assist Magistrates and police

Section 31 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 31 – BNSS | Public when to assist Magistrates and police Every person is bound to assist a Magistrate or police officer reasonably demanding his aid— (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 29 – BNSS | Powers of Judges and Magistrates exercisable by their successors-in office

Section 29 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 29 – BNSS | Powers of Judges and Magistrates exercisable by their successors-in office (1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.  (2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office.  (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 28 – BNSS | Withdrawal of powers

Section 28 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 28 – BNSS | Withdrawal of powers (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.  (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 27 – BNSS | Powers of officers appointed

Section 27 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 27 – BNSS | Powers of officers appointed Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the sameWhenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 26 – BNSS | Mode of conferring powers

Section 26 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 26 – BNSS | Mode of conferring powers (1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.  (2) Every such order shall take effect from the date on which it is communicated to the person so empowered

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 25 – BNSS | Sentence in cases of conviction of several offences at one trial

Section 25 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 25 – BNSS | Sentence in cases of conviction of several offences at one trial (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.  (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that— (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.  (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 24 – BNSS | Sentence of imprisonment in default of fine

Section 24 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 24 – BNSS | Sentence of imprisonment in default of fine (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.  (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 23 – BNSS | Sentences which Magistrates may pass

Section 23 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 23 – BNSS | Sentences which Magistrates may pass (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation.—”Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration

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