Supreme Court

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013

Citation : 2024 LiveLaw (SC) 632

In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.

As per Section 479 BNSS, undertrials can be released on bail if they have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law. Justices Hima Kohli and Sandeep Mehta called upon the superintendent of jails across the Country, where the accused persons are detained, to process their applications through the concerned courts upon the completion of the maximum period of detention. 

Supreme Court Dismisses PIL Challenging Section 149 BNS & Certain Articles Of Constitution As Unconstitutional, Imposes Cost

Case Details : Dr. SN Kundra v. Union of India Writ Petition(s)(Civil) No(s).347/2024

The Supreme Court recently dismissed a Public Interest Litigation (PIL) that sought to declare certain Constitutional provisions as 'unconstitutional'. The petitioner also challenged S.149 of the Bhartiya Nyaya Sanhita. S. 149 of BNS penalizes the act of collecting arms intended for waging war against the Government of India. Refusing to entertain the petition, the bench dismissed it with costs of Rs. 10,000/-

High Courts:

Allahabad High Court

FIR Lodged On Or After July 1 Would Be Under IPC If Offence Committed Before That Date; Investigation Will Be As Per BNSS: Allahabad HC

Case title – Deepu And 4 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 517

Case citation: 2024 LiveLaw (AB) 517

The Allahabad High Court has observed that in a particular case, if the FIR is lodged on or after July 1, 2024 (the date of commencement of 3 New Criminal Laws), for an offence committed before that date, it would be registered under the provisions of the IPC. Still, the investigation will continue as per Bharatiya Nagarik Suraksha Sanhita (BNSS).

The Court also held that in a particular case, if the investigation is pending on July 1, 2024, the investigation will continue as per the CrPC; however, the cognizance of the police report will be taken as per the procedure laid down under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws

Case Title: Suraj Pal Singh v. Union Of India And Another 2024 LiveLaw (AB) 501 [CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 4 of 2024]

Case citation: 2024 LiveLaw (AB) 501

Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.

The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held that since the old enactments had been replaced by the new criminal laws, i.e. Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagrik Suraksha Sanhita (BNSS), the petitioner can challenge them if any grievances remain.

Bombay High Court

Maharashtra Police Stations To Have Control Rooms, Digital Display Of Arrested Persons As State Govt Implements Provision Under BNSS

In a first, the Maharashtra Government has resolved to implement a provision of the newly enforced Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), mandating the establishment of control rooms in police stations in every District and at State level.

As per a Government Resolution (GR) issued on August 1, the Maharashtra government has resolved to implement section 37 (a) and (b) of BNSS in letter and spirit. This means, police station across Maharashtra will have a 'control room' and will also have 'a prominent digital display' of the names of persons who are arrested, the nature of the offences committed by them, their addresses etc.

Cases Filed Before July 1, 2024, Will Be Investigated As Per CrPC And Not BNSS: Bombay High Court

Case Details: Chowgule and Company Pvt. Ltd. vs State of Maharashtra (Criminal Writ Petition 618 of 2024)

In a significant order, the Bombay High Court's Goa bench recently held that in cases lodged before July 1, 2024, the provisions of the now repealed Criminal Procedure Code (CrPC) will apply to the investigations and not the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Single-judge Justice Bharat Deshpande rejected the argument that since the new law has come in, the cases lodged prior to July 1, will have to be investigated as per the newly enforced BNSS.

Delhi High Court

Delhi High Court Asks Centre To Decide Plea Challenging Exclusion Of 'Sexual Offences Against LGBT Persons' From Bharatiya Nyaya Sanhita

Title: GANTAVYA GULATI v. UNION OF INDIA

The Delhi High Court on Wednesday directed the Union Government to treat as representation a petition filed against the exclusion of a provision similar to Section 377 of now repealed Indian Penal Code, 1860, from the Bharatiya Nyaya Sanhita (BNS).

Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the Central Government to decide the representation expeditiously, preferably within six months.

Kerala High Court

To Attract Offense U/S 111(1) BNS Two Or More Persons Must Carry Out Continuous Unlawful Activity Leading To More Than One Chargesheet Within Last 10 Yrs: Kerala HC

Case Title: Muhammad Rasheed v State of Kerala

Citation: 2024 LiveLaw (Ker) 533

The Kerala High Court allowed the bail application of the petitioner who was arrayed as 1^st accused for allegedly committing an offence of organized crime under Section 111(1) of the Bharatiya Nyaya Sanhita, 2023. Section 111 (1) of the BNS defines organised crime as a continuing criminal activity committed by a member of an organized crime syndicate or on behalf of such syndicate. Section 111 (1)(i) defines 'organized crime syndicate' and Section 111 (1) (ii) defines 'continuing unlawful activity'.

Justice C S Dias observed that prime facie an offence under Section 111 (1) is not attracted against the petitioner since no charge sheet has been filed against him in any Court in the 'preceding period of last ten years' to satisfy the mandate of 'continuing unlawful activity' as defined under Section 111(1) (ii). 

Kerala High Court Quashes Section 377 IPC Charge Against Husband, Discusses Absence Of An Equivalent Provision In BNS

Case Title: Sayyid Imbichi Koya Thangal @ Bayar Thangal v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 528

The Kerala High Court recently quashed the criminal proceedings initiated by a woman against her husband for offence under Section 377 IPC. The Court observed that after the definition of rape in Section 375 was amended in 2013, forcible acts of oral sex committed by a male accused on a female victim is an offence of rape. However, since a wife can't prosecute her husband for offence of rape, neither section 377 not section 375 will stand against the accused.

The Court also noted that Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code (IPC) does not have an offence equivalent to Section 377 IPC. The rationale for this omission, the bench said, is not stated in the statute.

Madras High Court

Only Gender Centric Offences Excluded From Plea Bargaining: Madras High Court Lays Down Suggestions For Trial Courts

Case Title: Mr G Venkateshan v The State

Citation: 2024 LiveLaw (Mad) 319

The Madras High Court has emphasised that the term “offences against women” which is excluded from plea bargaining would mean only gender-centric or gender-neutral offences and not non-gender offences committed against women.

“Offences like harassment to woman under the Special Act or sexual offences, criminal force and assault against woman or offences related to marriage were the victim is the woman will fall under gender centric/gender neutral offences. Unlike I.P.C fortunately, the Bharathiya Nayaya Sanhita (BNS) has brought all these offences under one chapter and grouped in Chapter V of BNS under the caption “of offences against woman and child.” In the considered view of this Court, only those offences will fall under gender centric or gender neutral offences to attract the expression “offence against a woman” and be excluded from the scope of plea bargaining,” the court observed.

Punjab & Haryana High Court

Court Can Grant Ex-Parte Interim Maintenance U/S 125 CrPC Or Section 144 BNSS When Accentuating Facts Are Shown: Punjab & Haryana High Court

Title: XXXX v. XXX [CRR(F)-643-2024]

Citation: 2024 LiveLaw (PH) 213

The Punjab & Haryana High Court has made it clear that the Court can grant "ex-parte ad-interim maintenance" under Section 125 CrPC or Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Justice Sumeet Goel clarified that "The Court ought to consider a plea, for grant of ex-parte ad-interim maintenance/ad-interim maintenance, in accordance with the well-established norms of judicial discretion and justice. No universal exhaustive guidelines can possibly be laid-down for the exercise of such power & the same shall be exercised by the Court in the facts/circumstances of a given case."

BNS Provision, Punjab & Haryana HC's "Gag" Order Restricting Publication Of Judgments Relating To Sexual Offences, Other Cases Challenged

Title: Rohit Mehta v. Punjab and Haryana High Court through its Registrar & Ors.

A Public Interest Litigation (PIL) has been filed before the Punjab & Haryana High Court challenging the High Court's executive committee order restricting uploading of orders, judgments or case details of sensitive matters like cases relating crime against woman, Juvenile Justice Act, matrimonial disputes on the High Court websites, including the e-court platform.

The PIL also challenges Section 73 of the Bharatiya Nyaya Sanhita (BNS) and Section 366(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits publication of proceedings relating to cases involving sexual offences pending in trial court, without court's permission.

Rajasthan High Court

S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court

Title: Vikram Manshani v Praveen Sharma

Citation: 2024 LiveLaw (Raj) 209

Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.

The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim to appeal against an order of acquittal, or an order convicting the accused for a lesser offence, or imposing inadequate compensation.