This post examines changes to procedures for the arrest and medical examination of an accused under the Bharatiya Nagarik Suraksha Sanhita.
Criminal Process & Procedure
27 Articles
In response to recent trial court proceedings in a case filed by the Delhi Police against members
of a news organisation under the Unlawful Activities Prevention Act, 1967 (UAPA), this piece
argues that an accused person has a right under Indian law to obtain a copy of the FIR
registered against her under S. 154 of the Code of Criminal Procedure, 1973 (CrPC). This right
is available at all stages of the criminal procedure, including prior to and during investigation.
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.Ā This document is a substantive analysis of theĀ Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and theĀ Bharatiya Sakshya Bill, 2023,Ā which aim to assess major changes being proposed to criminal procedure and evidence as they exist in theĀ Code of Criminal Procedure, 1973 (CrPC) and theĀ Indian Evidence Act, 1872, respectively. In this substantive analysis of provisions, fourteen issues have been analysed in-depth. Other changes that do not receive a detailed assessment have been identified for the readerās convenience. The document also contains aĀ comparative table towards the end that captures the introduction or modification of timelines through the BNSS for different stages of the criminal procedureĀ under the CrPC.
Click to explore : Research Brief Annotated Comparison Editorials & Interviews Research Brief Bharatiya Nyaya(Second) Sanhita Bill, 2023 & Bharatiya…
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. In the third installment, Project 39A has prepared the document comparing the proposed Bharatiya Nagarik Suraksha Sanhita, 2023 with the current provisions of the Code of Criminal Procedure, 1973.
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. In the second installment, Project 39A has prepared the document comparing the proposed Bharatiya Sakshya Bill, 2023 with the current provisions of the Indian Evidence Act, 1872.
This article proposes that the Supreme Court’s judgement in Enforcement Directorate v. Kapil Wadhawan is a well-reasoned opinion that strengthens statutory bail, whose interpretive preferences are capable of being invoked to undermine the extinguishing regime.