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Core Purpose

This notification establishes the 'Delhi BNSS (Identification of Case Property) Rules, 2025' for the National Capital Territory of Delhi, concerning procedures for handling case property under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed Summary

The notification from the Lieutenant Governor of Delhi enacts the 'Delhi BNSS (Identification of Case Property) Rules, 2025', effective from the date of publication in the Delhi Gazette and applicable throughout Delhi. These rules define key terms such as 'BNSS' (Bharatiya Nagarik Suraksha Sanhita, 2023), 'competent Court', 'Rules', and 'property'. The rules mandate procedures for presenting property to a competent court, including submission of seizure memos or property descriptions. Courts are required to prepare a statement of case property identification within fourteen days of property production using a prescribed form (Schedule 1). The rules also detail procedures for photographing, videographing, and sampling case property, and permit the use of copies, photos, videos, samples, and identification statements as evidence in lieu of physical property during trials.

Full Text

GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-04032025-261448 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 73] DELHI, FRIDAY, FEBRUARY 28, 2025/PHALGUNA 9, 1946 [N. C. T. D. No. 425 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HOME POLICE-I/ESTABLISHMENT DEPARTMENT NOTIFICATION Delhi, the 28th February, 2025 F. No. 1/3/2024/HP-I/Estt./454 to 462.β€”In exercise of the powers conferred under sub-section (2) of section 497 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), read with Notification bearing S.O. No. 2506(E) dated 28.06.2024 of the Ministry of Home Affairs, Government of India, New Delhi, the Lieutenant Governor of NCT of Delhi hereby makes the following rules, namely:- 1. Short title and Commencement- (i) These rules may be called the 'Delhi BNSS (Identification of Case Property) Rules, 2025'. (ii) They shall extend to the whole of the National Capital Territory of Delhi. (iii) They shall come into force on the date of their publication in the Delhi Gazette. 2. Definitions- (1) In these Rules, unless the context otherwise requires:- a) 'BNSS' means the Bharatiya Nagarik Suraksha Sanhita, 2023; b) 'competent Court' means the Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial; c) 'Rules' mean the Delhi BNSS (Identification of Case Property) Rules, 2024; d) 'property' means the property as referred to in Explanation to sub-section (1) of Section 497 of BNSS; (2) All other words and expressions shall have the same meaning as assigned to them in the BNSS. 3. Production of property before the competent Court- Where any property is produced before the competent Court, the person producing the property shall produce the seizure memo or any document(s) containing the description of the property for perusal of the competent Court. 4. Preparation of statement of identification of case property- When any property is produced before the competent Court during investigation, inquiry or trial, the competent Court shall, within a period of fourteen days from the production of the property before it, prepare a statement of such property containing its description in the Form as specified in Schedule 1 appended to these Rules: Provided that if any test identification proceedings are required to be carried out in respect of the said property, the same shall be completed before the preparation of the statement of identification of case property. 5. Photographs, videography etc.- (1) The competent Court shall cause to be taken photocopies where applicable, photographs from all angles and if necessary, videography on mobile phone or any electronic media of the property produced before it. (2) Where the property produced is such of which samples are required to be taken such as liquor bottles/pouches etc., the competent Court shall cause to be taken samples of the property as well as photographs of the entire lot of the seized property and if necessary, videography on mobile phone or any electronic media. 6. Production of property during trial: The actual production of the property shall not be insisted upon during the trial and the photocopies where applicable, photographs along with the video-recording if any, sample, if any and statement of identification of case property shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi RAJIV KUMAR TYAGI, Dy. Secy. (Home-I) SCHEDULE 1 FORM (under Section 497(2) BNSS) STATEMENT OF IDENTIFICATION OF CASE PROPERTY 1. FIR No..................dated.........under section(s) 2. Police Station: 3. Name of the property: 4. Description and number of property/article, including quantity, where applicable. 5. Nature of the property: Perishable or non-perishable: 6. Date of receipt/seizure of property by the police: 7. From whom received/seized: 8. Date of production of the property before the court: 9. Whether the photographs/photocopies/videography of the property/article have been taken: 10. Whether sample of property taken or not: 11. Date of test identification proceedings, if any, in respect of the property: 12. Any remarks with respect to the property: (Signature of the Presiding Officer) Name and designation of the Presiding Officer DATED:

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