Bharatiya Nagarik Suraksha Sanhita 2023 Archives

Section 179(1) BNSS does not empower police with unlimited jurisdiction; notice cannot be issued beyond own or adjoining station: Andhra Pradesh HC

Irrespective of petitioner’s age, gender, acute ill-health, the fact remains that, the Police Officer making an investigation cannot issue notice under Section 179(1) of BNSS to the petitioner, who is residing at Noida. However, it does not preclude the said officer to examine such person by approaching him.

Case Briefs Supreme Court

Article 226 cannot be invoked to quash FIR, once cognizance of offence has been taken; remedy under Section 528 BNSS can be availed: Supreme Court

In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.

BNSS prevails over State amendment under CrPC

Case Briefs High Courts

‘Does S. 482 BNSS takes precedence over stricter State amendment to S. 438 CrPC?’ Uttaranchal High Court refers matter to larger bench

“When the Parliament enacts more liberal provisions, the benefit thereof should be available to all persons who may be affected, regardless of when their cases originated.”

Case Briefs High Courts

Courts must go beyond literal/grammatical reading of NDPS Act to decipher its true scope: Punjab and Haryana HC grants bail to NDPS accused

“The interpretative endeavor must be a dynamic and teleological one, ensuring that the NDPS Act remains an efficacious instrument in combating the pervasive menace of drug abuse, rather than being rendered sterile by a rigid textual analysis.”

Case Briefs High Courts

Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC

The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Events/Webinars News

ICPS organises its 4th Training Programme on New Criminal Laws for Officials

The Institute of Constitutional and Parliamentary Studies organised the two-day training programme on New Criminal Laws for Officials of Ministries, Lok Sabha, Rajya Sabha and Legislative Assemblies.

Case Briefs High Courts

Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains

“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”