The Bharatiya Nagarik Suraksha Sanhita (BNSS) has four clauses that the Mannargudi Bar Association has challenged in court. Sections 43(3) (handcuffing), 107 (attachment and forfeiture of property), 223 (non-taking of cognizance in a complaint case without giving the accused an opportunity to be heard), and 356 (trial in the accused’s absence) are a few of these.
A bench of Justices Surya Kant and Ujjal Bhuyan heard arguments on the case today, limiting the discussion to Section 43(3). The judges noted that while the provision may need to be addressed for potential misuse, it cannot be said to be bad overall because it only applies to very serious offenders.
