Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 261
Code: Section 261 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020
Explanation:
This section deals with the procedural requirement of ensuring compliance with Section 230 of the BNSS at the commencement of a warrant-case trial.
In essence, when a warrant-case (a case where an arrest warrant has been issued) is initiated based on a police report, and the accused appears or is brought before a Judicial Magistrate at the start of the trial, the Magistrate is obligated to confirm that the provisions of Section 230 have been followed.
Section 230 outlines the mandatory procedures that the police must adhere to when making an arrest. This includes:
- Informing the arrested person of the grounds for arrest.
- Permitting the arrested person to contact a lawyer or family member.
- Producing the arrested person before a Magistrate within 24 hours of arrest.
- Recording the arrest in the police diary.
Illustration:
Imagine a situation where a person is arrested by the police for theft. The police file a warrant-case against the accused. When the accused is brought before the Judicial Magistrate for the trial’s commencement, the Magistrate is required to check if the police followed the procedures outlined in Section 230. This involves verifying if the accused was informed of the reason for arrest, if they were allowed to contact a lawyer or family member, if they were produced before a Magistrate within 24 hours, and if the arrest was recorded in the police diary.
Common Questions and Answers:
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Q: What happens if the Magistrate finds that Section 230 was not followed?
A: The Magistrate can take action, which might include releasing the accused on bail or even quashing the charges if the violation is serious. -
Q: Does this section apply to all warrant-cases?
A: Yes, this section applies to all warrant-cases initiated based on police reports. -
Q: What is the purpose of this section?
A: The purpose is to ensure that the rights of the accused are protected and that the police adhere to legal procedures during arrest and detention.
