Section 220 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 220 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the power of a Magistrate to remand an accused person to custody.
๐ Text of Section 220
Section 220. Power to remand to custody
When any person is arrested and not released on bail, the Magistrate shall, if the person is not produced before him within twenty-four hours of the arrest, either release the person on bail or remand the person to custody.
โ๏ธ Key Provisions
Mandatory Action: The Magistrate is required to take action when an arrested person is not produced before them within 24 hours.
Options for Magistrate:
Release on Bail: If the person is not produced within the stipulated time, the Magistrate may release the person on bail.
Remand to Custody: Alternatively, the Magistrate may remand the person to custody.
๐ Comparison with IPC
Section 220 of the BNS corresponds to Section 57 of the Indian Penal Code (IPC), which also mandates that a person arrested without warrant must be brought before a Magistrate within 24 hours. The provisions in the BNS are consistent with those in the IPC, ensuring the protection of individual rights and adherence to due process.
๐งพ Practical Implications
Protection of Rights: This provision safeguards individuals against unlawful detention by ensuring timely judicial oversight.
Judicial Oversight: The requirement for the Magistrate to take action within 24 hours ensures that arrests are subject to judicial scrutiny, promoting accountability.
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