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Different arrest norms needed for 'parasites' in society: Supreme Court on handcuffing powers under BNSS
Update / Judgement Date
18 Oct 2024
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Supreme Court of India discussed the need for different arrest norms for “parasites” in society, such as terrorists and habitual offenders, under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court was hearing a petition challenging provisions of the BNSS, which replaced the Code of Criminal Procedure. The petitioners argued that the BNSS grants excessive powers to the police, violating fundamental rights. The court did not issue a notice but asked the petitioner to compile best practices from different jurisdictions. The discussion focused on Sections 43(3), 107, 223, and 356 of the BNSS, which deal with police powers to handcuff accused persons, attachment of property, examination of complainants, and trials in absentia. The court emphasized the need for stringent norms for serious offenders while ensuring that the rights of the accused are protected.