Supreme Court:

'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC Section Which Says Only Male Family Members Can Accept Summons

Case Title: Kush Kalra v. UoI And Anr. WP(C) No. 958/2022

The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, has removed the provision.

The petition challenged Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned.

High Courts:

Calcutta:

Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High Court

Case: Research In Human Dna. It vs Unknown, WPA/22702/2011

The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation.

A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the BNSS which invoke the use of forensic sciences in the course of investigations, while observing that the current capacity of the existing forensic science laboratories (FSLs) was inadequate.

Delhi:

Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High Court

Title: SH. ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANR

Citation: 2024 LiveLaw (Del) 826

The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).

Justice Anup Jairam Bhambhani analyzed Section 531(2)(a) of BNSS and said that proceedings are to be disposed of, continued, held or made in accordance with the Cr.P.C. only in cases where such proceedings were already pending immediately before July 01.

FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should Apply

Title: PRINCE v. STATE OF GOVT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 800

The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.

Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that proceedings must be continued and disposed of under the Code of Criminal Procedure (Cr.P.C.) "only in cases where they were pending" immediately before July 01.

Only If Appeal Is 'Pending' Before Enforcement Of BNSS, Can It Be Continued Under CrPC: Delhi High Court's "Possible Interpretation"

Title: Shri S. Rabban Alam v. CBI Though Its Director

Citation: 2024 LiveLaw (Del) 797

Giving a “possible interpretation” of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023, the Delhi High Court said that only if an appeal is pending before the new law came into force, can such an appeal be continued under the Cr.P.C.

Justice Anup Jairam Bhambhani said, “As per the general, settled principle of law, an appeal is considered to be a continuation of the trial. However, the wording of section 531(2)(a) of the BNSS is amenable to a possible interpretation that if an appeal is pending before the coming into force of the BNSS, only then would such appeal be continued under the Cr.P.C.”

BNSS Heralds A 'Transformative Era' In Criminal Justice, Promotes Transparent System Aligned With Principles Of Fairness: Delhi High Court

Title: BANTU v. STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 768

The Delhi High Court has observed that the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the British-era Code of Criminal Procedure, heralds a transformative era in the criminal justice.

“BNSS, with its comprehensive emphasis on technological integration, heralds a transformative era in criminal justice, promoting a system that is not only transparent and accountable but also fundamentally aligned with the principles of fairness and justice,” Justice Amit Mahajan observed.

Delhi High Court Refers To Bhartiya Nagrik Suraksha Sanhita For First Time While Dealing With Forgery In Trademark Dispute

Title: M/S KG MARKETING INDIA v. MS. RASHI SANTOSH SONI & ANR.

Citation: 2024 LiveLaw (Del) 745

The Delhi High Court has referred to Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) for the first time after it came into effect on July 01, while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute.

In a ruling passed on July 02, Justice Prathiba M Singh dealt with a suit wherein two newspaper advertisements relied upon by the plaintiff, KG Marketing, were forged and fabricated.

Karnataka:

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC

Case Title: Tavaragi Rajashekhar Shiva Prasad AND State of Karnataka Case No: WRIT PETITION No.15125 OF 2024

Citation No: 2024 LiveLaw (Kar) 344

The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken against him.

A single judge bench of Justice M Nagaprasanna said “Summoning to the Police Station is not summoning a person to a happy place. A citizen must know as to why he is being summoned.”

Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC

Case Title: Ajay Kumar Behra AND State of Karnataka

Citation No: 2024 LiveLaw (Kar) 338

The Karnataka High Court has urged the Central Government to amend Section 184 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to provide that adult victims of rape be examined in hospitals by only female doctors, so as to protect their right to privacy.

A single judge bench of Justice MG Uma directed the Central and State governments to ensure that till the amendment is brought, medical examination of rape victims is conducted only by or under the supervision of a female registered medical practitioner.

Kerala:

BNSS Will Be Applicable To All Criminal Appeals Filed After 1st July: Kerala High Court Frames Guidelines

Case No: Crl.A. No. 1186 of 2024

Citation: 2024 LiveLaw (Ker) 455

The Kerala High Court has laid down the following principles to determine whether the procedure under the Code of Criminal Procedure, 1973 (Cr. P.C) or Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is applicable when an appeal is filed.

1. An appeal filed on or after 01.07.2024 shall be governed by BNSS
2. Irrespective of whether the conviction was given on or before 01.07.2024 or if the appeal is filed on or after 01.07.2024, BNSS is to be followed
3. All applications filed and steps taken in appeals prior to 01.07.2024 shall be governed by Cr. P.C
4. When an appeal/ application is re-presented after curing defects, its date of filing shall be the date of its first presentation.

Punjab & Haryana:

Proceedings For FIR Lodged Under IPC Will Be Governed By BNSS If Plea Filed On Or After July 1: Punjab & Haryana High Court

Case Title: XXX v. XXXX

Citation: 2024 LiveLaw (PH) 252

The Punjab and Haryana High Court has made it clear that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has replaced Criminal Procedure Code, will be applicable.

The Court dismissed the petition filed on July 04 under Section 482 CrPC for quashing of FIR lodged under provisions of IPC, with the liberty to file an appropriate petition invoking the provisions of BNSS.

Rajasthan:

Trial/Investigation For FIR Lodged Before Enforcement Of New Criminal Laws To Be Governed By CrPC, Not BNSS: Rajasthan High Court

Title: Krishna Joshi v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 155

Rajasthan High Court has ruled that where an FIR was registered under Section 154 of CrPC prior to July 1, 2023, it would amount to a pending enquiry/investigation within Section 531(2)(a) of Bharatiya Nagarik Suraksha Sanhita, 2023, (“BNSS”). Hence, the entire subsequent investigation procedure and even the trial procedure in relation to that FIR shall be governed by CrPC and not BNSS.

“We are concerned here only with the savings clause contained in sub section 531(2)(a). A perusal thereof clearly reflect that, not only the pending trial / appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provisions of Cr.P.C., 1973 and not under the BNSS, 2023.”

Also Read: Applicability Of CrPC After July 1, 2024: A Conflict In The Twilight Zone