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CRIMINAL LAW

Why Proper Legal Representation Matters in Criminal Proceedings

Criminal proceedings involve procedural safeguards, statutory timelines, evidentiary questions and decisions with potentially serious consequences. The current framework principally comprises the BNS, BNSS and BSA, subject to transition and saving provisions. Depending on the issue, relevant provisions may include S. 35 BNSS on arrest, S. 173 BNSS on information in cognizable cases, Ss. 175–193 BNSS on investigation and Ss. 61–63 BSA on electronic records. The substantive offence must be identified under the BNS or, where the saving provisions apply, the IPC. Likewise, the applicable evidence law depends on the proceeding. In Satender Kumar Antil v. CBI, 2026 INSC 115, the Supreme Court considered the BNSS arrest/notice framework, illustrating why current authorities should be checked rather than relying automatically on older CrPC-era formulations.

Important: This article is for general informational purposes only and is not legal advice. Criminal-law provisions and case law should be checked against the law applicable to the particular facts, date and procedural stage.

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