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BNSS Notes (Introduction) 20240904051837

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376 views2 pages

BNSS Notes (Introduction) 20240904051837

Uploaded by

Riya Sain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 Enforcement:

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 came into force on


July 01, 2024.

 Application:
The provisions of BNSS, other than those relating to Chapters IX, XI and
XII thereof, shall not apply:
(a) to the State of Nagaland;
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or
any of them to the whole or part of the State of Nagaland or such tribal areas, as
the case may be, with such supplemental, incidental or consequential
modifications, as may be specified in the notification.

 Definitions:
 Bail:
Section 2 (b) of BNSS, 2023 provides that "bail" means release of a person
accused of or suspected of commission of an offence from the custody of law
upon certain conditions imposed by an officer or Court on execution by such
person of a bond or a bail bond.
Note: Term ‘Bail’ was not defined under Cr.P.C 1973.
 Bail Bond:
Section 2(d) of BNSS, 2023 provides that "bail bond" means an undertaking for
release with surety.
 Bond:

Call:- 88032 88032, 786 786 9456 || Visit us :- apslaw.in || E-Mail:- [email protected]
2

Section 2 (e) of BNSS, 2023 provides that "bond" means a personal bond or an
undertaking for release without surety

 Bailable and Non-Bailable Offences:


Section 2 (c) of BNSS, 2023 provides that "bailable offence" means an offence
which is shown as bailable in the First Schedule, or which is made bailable by
any other law for the time being in force; and "non-bailable offence" means
any other offence.
Therefore, in a bailable offence, bail can be claimed as a matter of right,
thus police must release such an accused on bail if he is prepared to give bail at
any time while he is in the custody of a Police Officer; whereas in a non-
bailable offence, grant of bail is left to the discretion of concerned authorities.

Call:- 88032 88032, 786 786 9456 || Visit us :- apslaw.in || E-Mail:- [email protected]

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