Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Under the BNSS, 2023 the default procedure for offences punishable up to seven years is issuance of a notice under Section 35(3); arrest under Sections 35(1)(b) and 35(6) is discretionary and permissible only if an objective necessity exists and the officer has a recorded "reason to believe." Arrest after a notice may be effected only on materials and factors that arose after the notice was issued, not on those already present when the notice was issued, and must be exercised sparingly. Article 21 safeguards apply to arrest and investigation, and arrest cannot be used merely for convenience or to facilitate questioning.
Under the BNSS, 2023 the default procedure for offences punishable up to seven years is issuance of a notice under Section 35(3); arrest under Sections 35(1)(b) and 35(6) is discretionary and permissible only if an objective necessity exists and the officer has a recorded "reason to believe." Arrest after a notice may be effected only on materials and factors that arose after the notice was issued, not on those already present when the notice was issued, and must be exercised sparingly. Article 21 safeguards apply to arrest and investigation, and arrest cannot be used merely for convenience or to facilitate questioning.
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