Delhi High Court Flags Possible Conflict Between S.223 BNSS Interpretation And SC Law On Cognizance, Refers Issue To Larger Bench

The Delhi High Court has referred to a larger bench the issue relating to the stage of taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the timing of issuance of notice to the accused under its first proviso.For context, Section 223 pertains to examination of the complainant. The provision states that a magistrate having jurisdiction while...

S.94 BNSS Permits Furnishing Existing Records, Not Collating Info: Kerala HC Directs Customs To Provide Duty Register In Drug Smuggling Probe

The Kerala High Court recently passed an order whereby it directed the Deputy Commissioner of Customs to furnish the duty register of customs officers on duty at the Thiruvananthapuram International Airport to the Deputy Superintendent of Police (DySP) to facilitate investigation into a crime relating to smuggling of methamphetamine from Muscat to India.Justice C.S. Dias observed that in...

Grounds Of Arrest Need Not Be Separately Communicated To Accused On Production Warrant, But Relatives Must Be Informed: Kerala High Court

The Kerala High Court recently held that when an accused, who is already under judicial custody, is arrested in relation to another case following a production warrant under Section 302 BNSS, there is no need to separately inform him of the grounds of arrest. The reasoning of the Court was that as per Form 37, relating to the order requiring production of a person in prison as per Section...

Magistrate Can't Return Private Complaint Solely For Want Of Accused's Postal Address: Kerala High Court

The Kerala High Court has held that a Magistrate cannot return a private complaint merely because the complainant has not furnished the postal address of the accused.Justice C S Dias was delivering the judgment in a criminal miscellaneous case. The petitioner had filed a private complaint before the Judicial First-Class Magistrate-II, Thrissur, alleging that the third respondent had...

Supreme Court Dismisses Challenge To S.20(2)(a) BNSS Allowing Appointment Of Sessions Judge As Director Of Prosecution

The Supreme Court on Wednesday dismissed a writ petition which challenged the constitutional validity of Sections 20(2)(a) and 20(2)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allowed judicial officers to be appointed as Director of Prosecution, Deputy Director of Prosecution or Assistant Director of Prosecution.A bench comprising Chief Justice of India Surya Kant, Justice...

No Writ Can Compel Police To Register FIR In Property Disputes; Remedy Under BNSS Must Be Exhausted: Calcutta High Court

The Calcutta High Court has reiterated that a writ of mandamus cannot be issued directing the police to register an FIR or initiate criminal proceedings, particularly in cases arising out of private land or property disputes, holding that aggrieved persons must first avail statutory remedies provided under criminal law before invoking writ jurisdiction.A Division Bench comprising Chief...

Accused Has No Right To Be Heard On Mode Or Agency Of Investigation; Cannot Seek Impleadment In Writ Seeking Probe: Calcutta High Court

Observing that an accused has no right of audience in matters concerning the manner or mode of investigation, the Calcutta High Court has dismissed applications seeking impleadment in a writ petition filed for investigation into alleged police inaction and collusion. The Court held that neither a complainant in a separate FIR nor persons who are merely prospective accused can insist on...

Magistrate Must Examine Complainant, Witnesses On Oath Before Issuing Notice To Accused U/S 223 BNSS: Gauhati High Court

The Gauhati High Court has held that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate cannot issue notice to the accused before examining the complainant and witnesses on oath, and that doing so violates the statutory mandate. Justice Anjan Moni Kalita, presiding over the ruling, held, “issuance of notice to the accused prior to examination of...

'No Mechanical FIRs For Harsh Political Posts' : Supreme Court Upholds Telangana HC Guidelines For Cases Over Social Media Posts

The Supreme Court recently upheld the guidelines framed by the Telangana High Court regulating registration of FIRs in cases arising out of social media posts and directing the police not to mechanically register FIRs over "harsh, offensive, or critical political speeches".The High Court had held that in case of social media posts FIR for promotion of enmity, threat to public order, or...

S. 215 BNSS | Police Can't Directly Register FIR For Offences Concerning Court Proceedings; Court Must Initiate Prosecution: Madhya Pradesh HC

The Madhya Pradesh High Court has held that where offences are alleged to have been committed in or in relation to a court proceeding, the procedure prescribed under Sections 215 and 379 BNSS must be strictly followed, and the court concerned must first apply its mind before issuing any direction for the registration of an FIR by making a complaint in writing."A police officer cannot...

S. 482 BNSS | No Anticipatory Bail Under SC/ST Act When Prosecution Materials Show Prima Facie Offence : Kerala High Court

The Kerala High Court recently clarified that since Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that Section 438 CrPC regarding pre-arrest bail is not applicable to persons committing offences under the Act, the same can be said about its corresponding provision, Section 482 of the Bharatiya Nagarik Suraksha Sanhita.Justice A....

Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court

The Kerala High Court recently passed a judgment holding that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident from...