BNSS
Pre-Cognizance Hearing Of Accused U/S 223 BNSS Not Applicable To SFIO Proceedings Under Companies Act: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that the mandatory pre-cognizance hearing of accused, contemplated under the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is not available to persons proposed to be arrayed as accused in prosecutions instituted by the Serious Fraud Investigation Office (SFIO) under the Companies Act, 2013. [2025 LiveLaw...
Can Absconding Accused Claim Default Bail If Police Doesn't File Supplementary Chargesheet After His Arrest? MP High Court Answers
The Madhya Pradesh High Court has held that where a chargesheet has already been filed against an accused while he was absconding, there is no requirement for filing a supplementary chargesheet after his arrest. [2026 LiveLaw (MP) 252]The bench of Justice Dwarka Dhish Bansal while denying default bail to the accused held, "merely because the Investigating Agency sought time to conduct...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: May 2026
SUPREME COURT Pre-Cognizance Hearing Of Accused Mandatory For PMLA Complaint When Cognizance Taken After BNSS: Supreme Court Cause Title: PARVINDER SINGH VERSUS DIRECTORATE OF ENFORCEMENT In an important ruling, the Supreme Court has held that where cognizance of an alleged offence under the Prevention of Money Laundering Act, 2002 is taken by a magistrate after the commencement of...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: April 2026
SUPREME COURT S.528 BNSS | Criminal Proceedings Can Be Quashed When Reliable Material Disproves Allegations: Supreme Court Cause Title: SAJAL BOSE VERSUS THE STATE OF WEST BENGAL AND ORS. The Supreme Court on Monday (April 6) held that where the prosecution fails to rebut credible and unimpeachable material which effectively undermines the factual foundation of the complaint, the...
Notice U/S 35(3) BNSS Can't Be Issued To Person Accused Of Offence Punishable With More Than 7 Yrs Imprisonment: Orissa High Court
The Orissa High Court has held that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can only be issued to persons accused of committing cognizable offences punishable with an imprisonment for less than seven years or which may extend up to seven years, and not more than that. Clarifying the position of law and highlighting the error committed by not only the...
S.193(2) BNSS | 60-Day Timeline For Chargesheet In Rape, POCSO Offences Not Shortcut To Default Bail For Accused: Karnataka High Court
The Karnataka High Court has held that an accused cannot seek reprieve of default bail by citing the 60-day investigation timeline mandated under Section 193(2) BNSS (applicable for offences like POCSO and Rape). Terming the provision as 'victim-centric', not intended 'to furnish an escape route' for the accused, the Court underscored that Section187(3) BNSS [90-day timeline for investigation...
Magistrate Can't Mechanically Order FIR Against Public Servants Without Following S.223 BNSS Safeguards: Rajasthan High Court
The Rajasthan High Court has held that Magistrate cannot under Section 175(3) BNSS mechanically direct registration of FIR against public servants over acts committed in discharge of their official duties, without following the statutory safeguards provided under Section 223(2) BNSS. In doing so the court underscored that Section 223(2) is a substantive safeguard so that criminal law is not...
S.94 BNSS | Husband Can Seek Wife's Employment Records To Oppose Maintenance Claim: Rajasthan High Court
Rajasthan High Court has held that a husband can seek his estranged wife's employment records under Section 94 BNSS in order to oppose her maintenance claim, reiterating Supreme Court's 2020 judgment which held that either of the parties may seek production of relevant documents from the other party. In doing so the court allowed a man's application under Section 94 BNSS before the trial...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: March 2026
SUPREME COURT S.173(3) BNSS Safeguard Against Mechanical Registration Of FIRs On Vague & Doubtful Allegations: Supreme Court Case Title: ASHISH DAVE Versus THE STATE OF RAJASTHAN AND ANR., SLP(Crl) No. 19369/2025 The Supreme Court has observed that Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is intended to prevent the mechanical registration of FIRs...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: February 2026
SUPREME COURT Court's Permission Necessary For Further Investigation After Filing Final Report: Supreme Court Cause Title: PRAMOD KUMAR & ORS. VERSUS STATE OF U.P. & ORS The Supreme Court has held that the police can't proceed with further investigation on their own, and it is mandatory to obtain a leave of the court before doing further investigation under Section...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: January 2026
SUPREME COURT Supreme Court To Examine If UP Gangsters Act Is Repugnant To Section 111 Bharatiya Nyaya Sanhita Case Details: SIRAJ AHMAD KHAN & ANR. v. STATE OF UTTAR PRADESH & ANR.|Writ Petition (Criminal) No.452/2024 The Supreme Court recently asked the State of Uttar Pradesh to respond to the issue of repugnancy between various provisions of the Uttar Pradesh Gangsters...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Annual Round Up 2025
SUPREME COURTSupreme Court Grants Interim Anticipatory Bail To MP Cartoonist After His Apology For Objectionable Post On Prime MinisterCase Title – Hemant Malviya v. State of Madhya PradeshThe Supreme Court on Tuesday (July 15) granted interim protection to Indore based cartoonist Hemant Malviya, who has been booked over a cartoon shared on Facebook that allegedly contains derogatory...