BNSS 2023

Article 22(1) and Section 47 BNSS (formerly Section 50 CrPC) oblige the police to communicate grounds of arrest and permit family notification. Joginder Kumar, D.K. Basu and Nilabati Behera make breaches punishable and compensable: the State is strictly liable, with no sovereign immunity.

Remand is a judicial function, not a rubber stamp. Supreme Court and Allahabad High Court rulings require Magistrates to examine the case diary, verify the legality of the arrest, record reasons, respect the 15-day and 60/90-day limits, and refuse remand where the grounds are weak.

From Balchand and Moti Ram to Kapil Wadhawan, Manish Sisodia and Gulhasan Gulsher Khan: a survey of the landmark and recent judgments that shape bail under the BNSS 2023 and the special regimes of the PMLA and the NDPS Act.

Written grounds of arrest, a reasoned remand order and a produced arrest memo are not formalities. Under Prabir Purkayastha and Pankaj Bansal, their absence vitiates the arrest and remand, and the Sessions Court may grant bail under Section 483 BNSS (formerly Section 439 CrPC).

Section 482 BNSS 2023 removed the CrPC-era restrictions on anticipatory bail, but cybercrime accused face a countervailing trend: courts increasingly treat custodial interrogation as the default answer to pre-arrest bail pleas in digital fraud cases.

Custody, as a cornerstone of the criminal justice system, ensures accountability while balancing individual rights. This analysis examines custody provisions under BNSS and CrPC, exploring judicial safeguards, reforms, and challenges to prevent abuse and uphold justice.