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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 80 – BNSS | Warrant forwarded for execution outside jurisdiction

Section 80 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 80 – BNSS | Warrant forwarded for execution outside jurisdiction (1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.  (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be granted to the person.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 360 – BNSS | Withdrawal from prosecution.

Section 360 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 360 – BNSS | Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,—(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence—(i) was against any law relating to a matter to which the executive power of the Union extends; or(ii) was investigated under any Central Act; or(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or(iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution: Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 78- BNSS | Person arrested to be brought before Court without delay

Section 78 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 78 – BNSS | Person arrested to be brought before Court without delay The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 75 – BNSS | Warrant may be directed to any person

Section 75 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 75 – BNSS | Warrant may be directed to any person (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.  (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 74 – BNSS | Warrants to whom directed

Section 74 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 74 – BNSS | Warrants to whom directed (1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.  (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 73 – BNSS | Power to direct security to be taken

Section 73 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 73 – BNSS | Power to direct security to be taken (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.  (2) The endorsement shall state— (a) the number of sureties; (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c) the time at which he is to attend before the Court.  (3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 72 – BNSS | Form of warrant of arrest and duration

Section 72 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 72 – BNSS | Form of warrant of arrest and duration (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

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