Changes in Procedure of Arrest from 1/7/24

 

Changes in Arrest Procedure from 1/7/24

Since Bhartiya Nagrik Suraksha Sanhita 2023 will come in force on 1/7/24, it will bring following changes in Arrest procedure and provisions relating to arrest.

1. Section 35 to section 62 of BNSS 2023 contains law relating to arrest.

2. Old section 41 and 41 A Cr.P.C. have become one section i.e. 35 of BNSS 2023.

3. Power to arrest in 35 (1), Power to issue notice in 35 (3) BNSS 2023

4 . Earlier there was no format in Cr.P.C. for issuing notice of 41 A Cr.P.C., now  Form No.1 of BNSS 2023 to be used in issuing notice of 35 (3).

5. Prior permission of police officer not below the rank of Dy.S.P is required to arrest a person in cases where offence is punishable with imprisonment for a term of less than three years and person is infirm or above the age of sixty years.

6. Designated police officer:-  Section 37 BNSS makes provision for appointment of Designated Police officer not below the rank of Assistant Sub-Inspector in every police station. He will maintain the data of every arrested person for ex. his name, address , offence with which he is charged. The data will be displayed in digital or physical mode at police station and district police headquarter.

As per section 48 BNSS the police officer or private person making arrest is bound to give information of arrest to the designated police officer of the police station of the district where such relative/ friend or nominated person resides. In a scenario where a case is registered at one police station, arrest is made in another police station and relative/friend resides in jurisdiction of another police station, the information to be given to designated police officers of every police station.

7. Production of arrested person where arrest is made by private person:-  In case of arrest by private person, the arrested person shall be handovered or cause to be handovered to nearest police officer or police station within six hours as per section 40 BNSS . Earlier there was no time limit was fixed by section 43 Cr.P.C. A private person who willfully caused delay in handovering the arrested person within the prescribed time limit may be charged under section 127 of BNS 2023.

8. Use of Handcuffs :- Earlier in section 46 of Cr.P.C. there was no provision for use of Handcuffs. Now section 43 (3) BNSS list out the case where handcuffs can be used. It includes case of habitual or repeat offender, or person who escaped from custody, organized crime, terrorist acts, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack counterfeiting of coins and currency notes, human trafficking, sexual offences against children or offences against the State. However the provision is not mandatory in nature, it grants discretionary power to the officer making arrest.

9. Medical examination of arrested person:- Earlier medical examination was supposed to be done on the request of police officer not below the rank of sub-inspector as per section 53,53 A and 54 of Cr.P.C.  This restriction has been removed by BNSS in section 51, 52 and 53 BNSS now medical examination request can be made by police officer of any rank.

*****

Changes in policing from 1-7.2024 - Part 1

 

CHANGE IN POLICING FROM 1^ST JULY 2024

1.a. Bhartiya Nagrik Suraksha Sanhita 2023 will repeal Criminal Procedure Code 1973.

b. Indian Penal Code will be repealed by Bhartiya Nyay Sanhita 2023

c. Indian Evidence Act 1872 will be repealed by Bhartiya Sakshya Adhiniyam 2023

d.  All the State Amendments in above laws will come to an end.

e. Cases registered before 1/7/24 will be inquired/investigated/tried as per Cr.P.C.1973

f. Cases registered from 1/7/24 will be  investigated/ inquired/tried as per BNSS 2023.

Changes in FIR

1. FIR will be registered under section 173 BNSS 2023.

2. FIR can be registered in any police station. Jurisdiction will not be essential factor for registering FIR.

3. Information regarding commission of cognizable offence can be given by electronic communication which includes :-

—  The communication of any written, verbal, pictorial information or video content

—  Transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person)

—  By means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the central government.

4. The officer-in-charge of the police station shall take the information on record. The informant shall sign the information within three days.

5. If the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

6. In the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be.

7. Copy of First Information recorded is to be given to victim or informant.

8. In cognizable offences punishable with three years or more but less than 7 years the officer-in-charge of police station may conduct the preliminary enquiry with prior permission of police officer not below the rank of Dy.S.P.

9. Preliminary Enquiry to be completed  within 14 days.

9. In case FIR is not registered by the Officer-in-charge of police station, and no action is taken by Superintendent of Police after being approached by the informant, he may file an application in the court of Judicial Magistrate.

Questions unanswered.

If informant giving information by electronic communication, does not come for signing it, within three days?

Preliminary Enquiry where the cognizable offence is punishable with less than three years or seven years or more?

Whether Judgment of Hon’ble Supreme Court in Lalita Kumari vs State of U.P.  (2014) 2 SCC 1, still relevant?

******