Default Bail Under BNSS: Sixty Days or Ninety Days -- The Confusion Continues

Article 21 of the Constitution of India declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. The right to default bail is part of the procedure established by law under Article 21 of the Constitution. It is, therefore, not merely a statutory right but a fundamental right granted to an accused person.1Clause (a) of the first proviso to Section 167(2) of the Code of Criminal Procedure, 1973 (for short 'the Code'), which...

An Unavoidable Conundrum in Section 360 Of BNSS [Withdrawal From Prosecution]

AN AVOIDABLE CONUNDRUM CREATED BY THE DEVIATION MADE IN CLAUSE (II) OF THE PROVISO TO SECTION 360 BNSS FROM CLAUSE (II) OF THE PROVISO TO SECTION 321 Cr.P.C. Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) dealing with “Withdrawal from Prosecution” corresponds to Section 321 of the now repealed Code of Criminal Procedure, 1973 (“Cr.P.C.” for short). Let us make a comparison of the two provisions –SECTION 360 BNSSSECTION 321 Cr.P.C.Withdrawal from...

Taking Simplicity Seriously: An Alternative Approach To Plain Writing In Judgments

On the 4th of March in 2008, an attorney appeared for the appellants in the US court of appeals for the fifth circuit. Seeking relief for a breach of contract from the employer, the bench posed routine questions to him. However, when asked about a particular case, he replied, 'I don't know [the case] Morgan, Your Honor.' When the judge asked him if he tried to read the case, the attorney responded, 'I try not to read that many cases, your Honor.'While the attorney earned being characterised as...

Accusing Judge As Corrupt In Open Court, Does It Not Lower Image Of Judiciary?

Recently, I went through a judgment delivered by the Bombay High Court in the matter of S.B. Patil Versus Manubhai Hargovandas Patel, Criminal Reference No.5 of 2024 decided on September 3, 2024 (reported in 2024 SCC OnLine Bom 3609). Finding the judgment erroneous and contrary to law on the face of it, I collected the record of the reference and was further shocked to note the glaring errors in the said decision of the Bombay High Court and its devastating effect on the judiciary.The facts of...

Population-Based Delimitation: Resulting In Unequal Representation

Democracy is the rule of people, by the people,[1] In a democratic system, people rule themselves either by themselves or by their elected representatives. There are two types of representative systems: proportional and territorial. The territorial representation system is based on constituencies or districts, where an elected representative represents the people residing in a particular geographical area. These constituencies are comprised of two things: land and the population residing...

Recording Of Search And Seizure Through Audio-Video Electronic Means Under Section 105 Of The BNSS

Modern perspectives in criminal investigation, by the integration of scientific and electronic techniques with traditional criminal investigation methods, ensure not only efficiency in the investigation but also transparency and accountability in that process.The Supreme Court, over the last few years, has consistently laid emphasis on the need and necessity of presenting scientific and electronic evidence by the prosecution to establish the guilt of the accused. Advancement of information...

Handcuffing: Necessity Or Violation Of Rights?

“Handcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna IyerAny popular media representation of arrest is perhaps incomplete without a scene where the police is handcuffing the arrested person. This scene has left such an indelible mark on our consciousness that we equate arrest with handcuffing, that handcuffing is at the essence of an arrest and that an arrest begins with handcuffing. This surface level and common...

Fake Cops, Real Crimes: The Rise Of Impersonation In Law Enforcement

The alarming rise in impersonation crimes, including the establishment of fake police stations, highlights a significant gap in our regulatory framework. Reports reveal cases where individuals pose as law enforcement officers, judges, military personnel, or state employees to exploit unsuspecting victims. Fake police stations, in particular, prey on citizens' trust, leading to financial exploitation and societal harm.These frauds are no longer limited to physical impersonation. In the digital...

Current Scenario On Death Penalty In Light Of Bharatiya Nagarik Suraksha Sanhita, 2023

India has in the past voted against a draft resolution of the United Nations General Assembly on the abolition of the death penalty. The death penalty has long been a point of contention, with strong views from both abolitionists and retentionists shaping the discourse. The long prevailing battle between abolitionists and retentionists is also evolving based on modern democratic values and the recurrence of crime in society. This article is mainly premised on analyzing the procedures governing...

Abolition Of The Post Of “Assistant Sessions Judge” By The “BNSS”, Whether Justifiable.

The Court of Session is one of the Courts by which ordinarily graver offences both under the Indian Penal Code, 1860 (“IPC” for short), and other laws, are triable. Under Section 9 (3) of the Code of Criminal Procedure, 1973 (“Cr.P.C” for short), Assistant Sessions Judge was one of the Judges to be appointed by the High Court to exercise jurisdiction in a Court of Session. Section 28 (3) Cr.P.C also fixed the sentencing limit of imprisonment of the Assistant Sessions Judge to a term not...

The Satanic Verses – A 36 Year Ban In India Based On A Notification Nowhere To Be Found

On October 5, 1988, vide Custom Notification no. 405/12/88-CUSIII, the import of The Satanic Verses, a novel by the author Salman Rushdie, was banned[1]. To give a brief background, Rushdie then was and continues to be one of the most celebrated authors of the 20th and 21st centuries. The Satanic Verses was his fourth novel, published seven years after his epic Midnight's Children. It was perceived as a book about Islam, derogatory and blasphemous towards the Prophet. It is pertinent to point...

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

The Bombay High Court judgement of 7 February in the case of ( Ne ) v. (A), is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The Petitioner sought a writ of habeas corpus to produce the minor child 'N', who is alleged to be in an illegal custody of the ex-husband and relatives in India and for...