Notifications / Rules under Bharatiya Nagarik Suraksha Sanhita 2023

click here for IIIF manifest

VOL. LXII No. 04 MONDAY 20th APRIL, 2026/ 30th CHAITRA, 1948 (SAKA)

ADMINISTRATION OF THE

UNION TERRITORY OF LAKSHADWEEP

LAKSHADWEEP POLICE

(HOME DEPARTMENT)

KAVARATTI-682555

F. No. 1/4/2024-Pol Dated. 17th April, 2026

NOTIFICATION

In exercise of the powers conferred by Section 330 and all other enabling sections of the Bharatiya Nagarik Suraksha Sanhita 2023 (Act 46 of 2023) read with Government of India, Ministry of Home Affairs, Notification No. SO 2506 (E) dated 28.06.2024, the Administrator of UT of Lakshadweep, hereby, makes following rules, namely:-

RULES

1. SHORT TITLE AND COMMENCEMENT

(1) These rules may be called "The Lakshadweep Admission and Denial of Documents Rules, 2026".

(2) They shall come into force from the date of their publication in the UT Lakshadweep Administration Official Gazette.

2. DEFINITIONS

(1) In these rules, unless the context otherwise requires –

(a) "Document" has the same meaning as defined under Section 2(d) of Bharatiya Sakshya Adhiniyam, 2023 and Section 2(8) of Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

(b) "Electronic Signature", "Electronic Signature Certificate" "Digital Signature" and "Digital Signature Certificate" have the same meaning as defined under the Information Technology Act, 2000 (21 of 2000).

(c) "Form" means as Annexed with these rules.

(d) "Public Document" has the same meaning as defined under Bharatiya Sakshya Adhiniyam-2023.

(e) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023);

(f) Words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Bharatiya Nagarik Suraksha Sanhi- ta, 2023 (46 of 2023); the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Bhara- tiya Sakshya Adhiniyam-2023 and the Information Technology Act, 2000 (21 of 2000) or defined in any other Central Act.

3. Nothing in these rules shall be deemed to limit the powers of the Courts to call for the person to prove such signatures before the Court.

4. These rules shall be in addition to any other law or rules made by the Hon'ble High Court of Kerala.

5. The SHO/Officer-In-Charge of the Police Station/In charge of any other investigation agency shall mention the documents which are required to be proved under these Rules in the Form and attach the same with the charge sheet.

6. The Public Prosecutor/Additional Public Prosecutor or Assistant Public Prosecutor shall make the request to the Court within thirty days from the supply of copy of charge sheet to call upon the accused/advocate of accused to admit the documents as mentioned in the Form.

7. The Public Prosecutor/Additional Public Prosecutor or Assistant Public Prosecutor shall make the request to the Court for deleting the name of the witnesses from the charge sheet who were cited as witness to prove the documents admitted by the accused.

By Order and in the name of the Administrator of UT of Lakshadweep

Sd/-

Special Secretary (Home)

UT of Lakshadweep Administration

FORM

LIST OF DOCUMENTS FOR ADMISSION AND DENIAL OF DOCUMENTS UNDER SEC-

TION 330 BNSS. 2023

The applicant proposes to adduce in evidence the following documents as specified in the table below. It may be noted that where the genuineness of any document is not disputed, such document may be read in evidence without any further proof of its genuineness:-

ADMINISTRATION OF THE

UNION TERRITORY OF LAKSHADWEEP

LAKSHADWEEP POLICE

(HOME DEPARTMENT)

KAVARATTI-682555

F. No. 1/4/2024-Pol Dated.17th April, 2026

NOTIFICATION

In exercise of the powers conferred by Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), read with Government of India, Ministry of Home Affairs, Notification bearing No. S.O. No. 2506(E) dated 28.06.2024, the Administrator, UT of Lakshadweep is pleased to notify the Record of Forms for entering the particulars in summary trials by the Magistrates as given in Annexure 'A'.

By Order and in the name of

the Administrator of UT of Lakshadweep

Sd/-

Special Secretary (Home)

UT of Lakshadweep Administration4 THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Annexure-A

Summary Trial Case Form (As per Section 286, BNSS, 2023)

1. Case Details:

• Case Serial Number: • Name of the Court: • Name of the Presiding Magistrate: • Police Station: • Case Reference Number (FIR/Complaint No): • Date of Offence: • Date of Complaint/Report: • Mode of Case Institution (Police Report/Private Complaint/Other):

2. Complainant Details (if any):

• Name: • Parentage • Address: • Contact Number:

3. Accused Details:

• Name: • Parentage • Address: • Age: • Occupation: • Contact Number: • Whether in Custody (Yes/No): • Date of Arrest (if Applicable): • Whether Legal Aid Provided (Yes/No):

4. Details of Offence:

• Offence Complained of: • Offence Proved (if different): • Relevant Sections of Law: • Value of Property involved (if Applicable):

5. Trial Proceedings:

• Date of First Hearing: • Plea of Accused (Guilty/Not Guilty): • Examination of Accused (Summary of Statements): • Evidence Presented: • Witnesses Examined (if any):

6. Finding & Decision:

• Finding of Court (Convicted/Acquitted): • Sentence or Final Order: • Details of Fine/Penalty (if applicable): • Probation Granted (if applicable) (Yes/No):

7. Conclusion:

• Date of Conclusion of Proceedings: • Signature of Magistrate: • Official Seal:

Additional Notes (if any):

Instructions for Use:

1. This form is to be filled by the Presiding Magistrate for all Summary Trial cases.

2. All Sections must be filled accurately.

3. If additional space is required, attach extra sheets with proper referencing.

ADMINISTRATION OF THE

UNION TERRITORY OF LAKSHADWEEP

LAKSHADWEEP POLICE

(HOME DEPARTMENT)

KAVARATTI-682555

F. No. 1/4/2024-Pol Dated.17th April, 2026

NOTIFICATION

In exercise of the powers conferred by Section 356(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (ACT 46 of 2023) read with Government of India, Ministry of Home Affairs, Notification No. S.O. 2506(E) dated 28.06.2024, the Administrator, UT of Lakshad- weep is pleased to extend the provisions of trial in absentia as enumerated in Section 356(1) of BNSS, 2023 to the cases U/S 74 to 79, 180, 316(2) to 316(4), 318(4), 336(3), 337 of BNS, 2023; offences committed under the NDPS Act, 1985 irrespective of the recovered quantity of contraband as to whether the same is small quantity or of intermediate quantity; any of the offences committed under the Arms Act, 1959; offences committed under section 8, 10, 12, 14, 15, 17 & 18 POCSO Act, 2012; any of the offences committed u/s 10 to 13 of Chapter-III, U/S 38-40 of Chapter-VI, UAPA 1967; any of the offences committed under The Information Technology Act, 2000; and offences committed under section 76 to 81, 83 & 84 under the Juvenile Justice (Care & Protection of Children) Act, 2015.

By Order and in the name of

the Administrator of UT of Lakshadweep

Sd/-

Special Secretary (Home)

UT of Lakshadweep Administration7 THE LAKSHADWEEP GAZETTE EXTRAORDINARY

ADMINISTRATION OF THE

UNION TERRITORY OF LAKSHADWEEP

LAKSHADWEEP POLICE

(HOME DEPARTMENT)

KAVARATTI-682555

F. No. 1/4/2024-Pol Dated. 17th April, 2026

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) in its application to the Union Territory of Lakshadweep read with Government of India, Ministry of Home Affairs, Notifi- cation bearing No. S.O. 2506(E) dated 28.06.2024, the Administrator, UT of Lakshadweep hereby makes the following rules, namely:-

1. Short title, extent and commencement -

(1) These rules may be called "The Lakshadweep Witness Attendance Order Rules, 2026".

(2) They shall extend to the whole of the Union Territory of Lakshadweep.

(3) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. -

(1) In these rules, unless the context otherwise requires,

(a) "Annexure" means the Annexure appended to these rules,

(b) "FIR" means the First Information Report registered under section 173 of the Sanhita;

(c) "Informant" means the person who first provided information relating to the commission of an offence, as recorded in the FIR under section 173 of the Sanhita;

(d) "Investigating Officer" means the officer-in-charge of a police station or any other officer authorized under the Sanhita to conduct an investigation;

(e) "Witness" means any person who appears to be acquainted with the facts and circumstances of the case under investigation, as referred to in section 179(1) of the Sanhita;

(f) "Written Order" means the order issued in writing by the investigating officer under section 179(1) of the Sanhita to require the attendance of a witness;

(g) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).

(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Sanhita.

3. Form of Written Order. -

(1) The written order issued by the investigating officer under section 179(1) of the respectively assigned to them in the Sanhita to require the attendance of a witness shall be as specified in Annexure-A.

(2) The written order shall contain, -8 THE LAKSHADWEEP GAZETTE EXTRAORDINARY (a) The name, address, and contact details (if available) of the witness;

(b) The FIR number, date, and police station details related to the case under inves- tigation;

(c) A brief description of the case and the reason for which the witness's attendance is required;

(d) The date, time, and place where the witness is required to attend;

(e) A statement informing the witness of the protections provided under the first proviso to section 179(1) of the Sanhita, including that no male person under the age of 15 years or above the age of 60 years, or a woman, or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides and further if such person is willing to attend at the Police Station then he may be permitted to do so;

(f) Information about the reimbursement of reasonable expenses for such attendance, as provided under section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. Issuance and Service of Written Order. -

(1) The written order shall be issued in duplicate, signed by the investigating officer, and bear the official seal of the police station.

The written order shall be served on the witness through one of the following methods:-

(a) Personal Delivery: Handing over directly to the witness, with an acknowledgment of its receipt shall be obtained;

(b) Registered Post: Sent by registered post to the witness's address as recorded in the case diary or FIR with acknowledgment due;

(c) Electronic Communication: Where the witness has provided an email address or mobile number, the order may be sent via email or SMS, using a secure platform (e-summons) approved by the UT of Lakshadweep Administration. A record of transmission (receipt or delivery confirmation) shall be maintained.

(2) The investigating officer shall ensure that the service of the summons complies with the protections provided under the first proviso to section 179(1) of the Sanhita, particularly for vulnerable groups.

5. Documentation and Compliance. -

(1) The investigating officer shall maintain a record of the issuance and service of the written order, including the date, method of service, and acknowledgment or proof of transmission, in the case diary maintained under section 192 of the Sanhita.

(2) If the witness cannot be located or refuses to accept the order, the investigating offi- cer shall record the reasons in the case diary.

6. Reimbursement of Expenses. –

(1) The investigating officer shall inform the witnesses of their entitlement for reim- bursement of reasonable expenses incurred for attending at a place other than their residence, as per section 179(2) of the Sanhita.

(2) The rate of reimbursement of expenses to witnesses shall be as specified in Annexure-B.

(3) A receipt of payment shall be maintained in the case record.

7. Procedure for Claiming and Disbursal

(1) Claim Submission: The summoned individual must submit a claim form to the Investi- gating Officer detailing the expenses incurred, supported by original receipts, tickets, and any other relevant documents.

(2) Disbursal: Upon sanction, the amount shall be disbursed directly to the claimant's bank account via electronic transfer.

8. Verification of the Claim

(1) The Investigating Officer shall verify the submitted claim form and supporting documents for accuracy and adherence to the rules.

(2) The Investigating Officer will forward the verified claim to the Sanctioning Authority for approval and payment processing. A record of payment shall be maintained in the case file.

9. Sanctioning Authority- The authority competent to sanction the expenses will be the such authority as specified under the Financial Rules in force in the UT of Lakshadweep.

10. Timely Disbursal Efforts must be made to process and disburse the claims at the earliest possible.

11. Funding Source- The funds for these reimbursements will be drawn from the relevant head of the UT of Lakshadweep Police Budget as per the Financial Rules in force in the UT of Lakshadweep.

By Order and in the name of

the Administrator of UT of Lakshadweep

Sd/-

Special Secretary (Home)

UT of Lakshadweep Administration10 THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Annexure-A

Written Order for Witness Attendance

(u/s. 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023)

To

Full Name of Witness,

Address of Witness,

Contact Details, if available.

Subject: Order to attend as witness in F.I.R. No. ...... Dated... P.S.....

Under Section............ Title............

Sir/Madam,

Under the powers conferred by section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, you are hereby required to attend before the undersigned in connection with the investigation of FIR No.......... Date of Registration........... Police Station........ Sections of Law......... Case Description.......... Reason for Attendance ...........Date of Attendance.......... Time......... Place........... (Police Station or Witness's Residence if applicable).

Legal Protections:

As per the first proviso to section 179(1) of the Sanhita, please note that no male person under the age of 15 years or above the age of 60 years, or a woman, or a person with mental or physical disability, or a person with acute illness shall be required to attend at any place other than their place of residence. If you fall under these categories, kindly inform the un- dersigned immediately, so that arrangements will be made to record your statement at your residence.

Reimbursement of Expenses:

As per section 179(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, you are entitled to reimbursement of reasonable expenses incurred for attending at a place other than your residence. Please submit relevant receipts to the undersigned for processing further.

For any clarification, contact the undersigned at [Police Station& Contact details] Date:

Place:

Signature with seal

Name and Designation of Investigation Officer

Name of the Police Station11 THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Annexure B

Note- The witness shall be entitled for the reimbursement of fare based on the shortest and

fastest available mode/category of transport from the place of residence to Police Station.

LGP.Kvt.N-74/04-26/10