Supreme Court Annual Digest 2024: BNSS & Cr.PC

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 | SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING CR.P.C. SECTIONS and COMPARISON SUMMARY of The BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, (BNSS) and The CODE OF CRIMINAL PROCEDURE, 1973, (CrPC)Section 35 - When police may arrest without warrant[A new subsection 7 is added: “No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.”]Section 41 and 41A Cr.P.C. - Supreme Court asks Police Chiefs to take action against erring officials for arrests in violation of Section 41/41A Cr.P.C. and Supreme Court guidelines. Satender Kumar Antil v. Central Bureau of Investigation, 2024 LiveLaw (SC) 600Section 63 - Form of summons[A new clause (ii) “in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature” is added.]Sections 61, 70, 204, 437 Cr.P.C. - An accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him. Bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot be entertained. (Para 10) Souvik Bhattacharya v. Enforcement Directorate, Kolkata Zonal Office - II, 2024 LiveLaw (SC) 122 : (2024) 3 SCC 597Section 72 - Form of warrant of arrest and duration.[No change]Section 70 CrPC - If the accused does not appear after a summons is served or does not appear on a subsequent date, the Special Court will be well within its powers to issue a warrant in terms of Section 70 of the CrPC. Initially, the Special Court should issue a bailable warrant. If it is not possible to effect service of the bailable warrant, then the recourse can be taken to issue a nonbailable warrant. (Para 23 (e)) Tarsem Lal v. Directorate of Enforcement, 2024 LiveLaw (SC) 383 : AIR 2024 SC 2512Section 75 - Warrant may be directed to any person[No change]Section 73 Cr.P.C. - Issue of non-bailable warrant – Held, non-bailable warrants cannot be issued in a routine manner and that the liberty of an individual cannot be curtailed unless necessitated by the larger interest of public and the State. Nonbailable warrants should not be issued, unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence. (Para 46) Sharif Ahmed v. State of Uttar Pradesh, 2024 LiveLaw (SC) 337 : AIR 2024 SC 2420 : 2024 CriLJ 2322Section 84 - Proclamation for person absconding[In subsection (4), IPC sections are replaced by punishments related to corresponding BNS sections. the offence punishable for imprisonment of ten years or more, etc., is mentioned.]Section 82 Cr.P.C. - Proclaimed Offender - Anticipatory Bail - A proclamation under Section 82, Cr.P.C., does not invariably bar the consideration of anticipatory bail applications. Asha Dubey v. State of Madhya Pradesh, 2024 LiveLaw (SC) 889Section 82 Cr.P.C. - An accused would not be entitled to pre-arrest bail if the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is pending against him. (Para 5) Srikant Upadhyay v. State of Bihar, 2024 LiveLaw (SC) 232 : AIR 2024 SC 1600Section 85 - Attachment of property of person absconding[The words "of property " is added in clause (b) of subsection (1).]Section 82 and 83 Cr.P.C. - Mere filing of an anticipatory bail application by the accused could not be treated as his appearance before the court which had initiated proceedings under Section 82/83 Cr.P.C. against the accused. (Para 20) Srikant Upadhyay v. State of Bihar, 2024 LiveLaw (SC) 232 : AIR 2024 SC 1600Section 91 - Power to take bond or bail bond for appearance.[The words “or bail bond” are added in heading and words "bond with or without sureties" are replaced by "bond or bail bond".]Section 88 Cr.P.C. - A bond furnished according to Section 88 is only an undertaking by an accused who is not in custody to appear before the Court on the date fixed. Thus, an order accepting bonds under Section 88 from the accused does not amount to a grant of bail;. (Para 23 (f), Tarsem Lal v. Directorate of Enforcement, 2024 LiveLaw (SC) 383 : AIR 2024 SC 2512Section 88 Cr.P.C. - In a case where the accused has furnished bonds under Section 88 of the CrPC, if he fails to appear on subsequent dates, the Special Court has the powers under Section 89 read with Sections 70 of the CrPC to issue a warrant directing that the accused shall be arrested and produced before the Special Court; If such a warrant is issued, it will always be open for the accused to apply for cancellation of the warrant by giving an undertaking to the Special Court to appear before the said Court on all the dates fixed by it. While cancelling the warrant, the Court can always take an...

Supreme Court Annual Digest 2024: BNSS & Cr.PC

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