Siddhartha Associates- Siddhartha Jangam

  "Unpacking the Ambiguities in Section 187 BNSS: Legislative Gaps and Their Impact on Police Remand Limits"- By Jangam Siddhartha, High Court Advocate Section 187 - Procedure when investigation cannot be completed in twenty-four hours: Clause (1) When it Applies : When a person is arrested and detained in custody. The investigation cannot be completed within 24 hours as fixed by Section 58. There are grounds to believe the accusation or information is well-founded. Action to be Taken : The officer in charge of the police station or the investigating officer (not below sub-inspector rank) must: Transmit a copy of the relevant diary entries to the nearest Judicial Magistrate. Forward the accused to the Magistrate at the same time. Clause (2) Magistrate's Power : The Judicial Magistrate, whether having jurisdiction over the case or not , may: Authorise the

  "Enhanced Bail Provisions under BNSS: Supreme Court's Landmark Ruling on Retrospective Application of Section 479 for Undertrials Nationwide" By Jangam Siddhartha, High Court Advocate Section 478: In what cases bail to be taken. Clause (1) When it Applies: This clause applies when a person (other than one accused of a non-bailable offence) is: Arrested without a warrant by an officer in charge of a police station, or Appears before or is brought before a Court. Right to Bail: If the person is prepared at any time (while in custody or during any stage of the proceeding) to give bail, they shall be released on bail. Indigent Person Exception: If the officer or the Court believes that the person is indigent (i.e., unable to furnish surety), instead of taking a bail bond, they can discharge the person on the execution of a bond for appearance. Presumption of I