Category: Punjab

The existing Cr. PC did not define the terms Bail, Bail Bond and Bond. BNSS has defined these with the intent to clearly spell out these three often used terms in the Criminal Procedure. This will remove any ambiguity from the Criminal Procedures being enacted.

In order to tackle some of the serious offences which pose grave threats to internal security of the country, and which were not being dealt within the existing provisions of Penal Laws, new offences have been added in the BNS. The BNS has addressed these loopholes in order to strengthen the fight against terror.

In determining the nature and extent of punishment, practical considerations and issues like overcrowding in prisons have been kept in mind. The provisions in BNS regarding punishment are based on recent research studies, policy recommendations by various committees and commissions, the judicial decisions, etc.

A special addition in BNS is the introduction of an aggravated category of culpable homicide pertaining to lynching. This provision is necessary to specifically address the incidents of mob-lynching and allied issues such as common intention, attribution of group responsibility, etc.

In order to streamline the procedure applicable to mercy petitions, BNSS CI.472 is a new provision (titled ‘Mercy Petition in death sentence cases’) which lays down the procedure for submitting mercy petitions to the President and Governor under Art.72 and Art.161 of the Constitution, respectively. A statutory written procedure with respect to mercy petitions does…

The institutions of the criminal justice administration had taken their roots during the Vedic period in India. The system gradually developed and during the Mauryan period a well- defined criminal justice system had come into existence as described in the Arthashashtra.Legal framework during Ancient Bharat

Securing the presence of the accused in the trial is a basic necessity for a fair trial. To ensure such presence the police officer may use all means necessary to arrest such person. However, the police officer cannot resort to methods which result in deprivation of dignity of the arrestee. The act of deprivation of…

The use of forensics, in all cases in which the punishment is 7 years or more, has been introduced in the BNSS. This will vastly improve the quality of investigation and base it on scientific methods. This, in turn, will lead to better prosecution.

Like any other common law system, the Indian criminal justice system also accords the function of prosecution to the Public Prosecutors. With the introduction of the Code of Criminal Procedure, 1973, the prosecutorial agency has emerged as an autonomous agency from the aegis of the police department. Subsequent amendments in the Code have been introduced…