Arrest Without Warrant: A Comparative Analysis of CrPC and BNSS

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In the pursuit of justice, every action taken must uphold both the letter and the spirit of the law. A crucial aspect of this commitment is the medical examination of arrested individuals, mandated by law to safeguard their rights and well-being while in custody. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), represents a significant overhaul of India's criminal justice system. It aims to expedite trials, reduce case backlog, improve conviction rates, enhance the use of forensic science, and streamline procedures to address delays and inefficiencies.

Similarities:

Both the Criminal Procedure Code (CrPC) and BNSS authorize police officers to arrest individuals without a warrant under specific circumstances. This immediate action is crucial to prevent further crimes or secure evidence. Both codes outline similar justifications for arrest, including:

Preventing further offenses

Ensuring proper investigation

Preventing tampering with evidence

Influencing witnesses

Ensuring the suspect appears in court for trial

Both CrPC and BNSS mandate police officers to document the reasons for making an arrest (or choosing not to arrest), promoting transparency and accountability.

For less serious offenses (non-cognizable offenses), both CrPC and BNSS require a warrant or magistrate's order before an arrest, protecting individuals from arbitrary detention for minor issues.

Differences:

BNSS streamlines and modifies arrest criteria compared to CrPC, condensing and clarifying provisions to enhance efficiency.

BNSS introduces safeguards for vulnerable populations, requiring permission from a Deputy Superintendent of Police before arresting individuals who are infirm or over 60 years old for offenses punishable by less than three years.

BNSS uses contemporary legal terms and references, improving clarity and consistency in legal interpretation and aligning with current law enforcement practices.

Rights of the Accused:

Both CrPC and BNSS uphold essential rights during arrest and detention, including:

Right to legal representation

Notification of arrest to designated family members or friends

Medical examination to document the physical condition and protect the well-being of the arrested person.

Conclusion:

While both CrPC and BNSS share core principles regarding arrest without a warrant and the rights of the accused, BNSS introduces significant improvements. It offers a streamlined process, additional safeguards for vulnerable populations, and uses updated legal language. These changes aim to enhance procedural clarity, ensure fair treatment, and align with modern legal practices.

Please like, share, and comment to the ongoing discussion on enhancing procedural clarity, safeguarding rights, and aligning with modern legal practices.

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