Kanooni Charcha: Changes regarding Remanding & Hand cuffing under new criminal law (B N SS 2023)
Kanooni Charcha by Advocate Alisha Kohli with rtd Judge Subash Gupta /Former Member Public Service Commission J & K & Sh Pawan Khajuria Joint Director Prosecution Rtd on topic -Enforcement of three new criminal laws -B N S -2023,B N S S -2023 & B S Act -2023 from the First day of July 2024 in India -Delving / Decoding of provisions of Section 43 of B N SS 2023 relating to -How to Arrest -Sub section (3 ) -Hand Cuffing permitted of arrested person / Accused of grave & heinous offences -punishable with life imprisonment or Death penalty , Terrorist Act ,Organised Crime , N D P S Act, offences of Human trafficking , sexual offence against women etc -Discussed earlier Judgements of Supreme Court of India & of Various High Courts providing guidelines for a use of hand cuffs in exceptional cases / circumstances -Sunil Batra v s Delhi Administration ( 1978) Prem Shanker Shakula V S union of India ( 1980) -Hand cuffing Violative of Article 21 of Constitution of India Delving / Decoding of provisions of Section 183 of B N SS 2023 relating to grant of police & Judicial Remands And Default Bail by Magistrate – Police Remand in total only for fifteen days but can be granted at any time till first forty days where total period of remand is sixty days -Similarly till sixty days where maximum period of remand is ninety Delving / Decoding of provisions of Section 183 of B N SS 2023 relating to grant of police & Judicial Remands And Default Bail by Magistrate – Police Remand in total only for fifteen days but can be granted at any time till first forty days where total period of remand is sixty days -Similarly till sixty days where maximum period of remand is ninety days
