Supreme Court Half Yearly Digest 2025: Cr.P.C.& BNSS

SUPREME COURT HALF YEARLY DIGEST 2025BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, (BNSS) and The CODE OF CRIMINAL PROCEDURE, 1973, (CrPC)Section 2(1)(h). ComplaintSection 2(d) Cr.P.C. - Definition of Complaint - Judicial vs. Executive Magistrate - As per Section 2(d) of CrPC, a complaint refers to an allegation submitted orally or in writing to a Magistrate with the intent to invoke legal action under the Code. The Magistrate must be a Judicial Magistrate capable of taking cognizance of the case. Judicial Magistrates are entrusted with judicial functions, including the power to try cases and punish offenders, while Executive Magistrates primarily perform administrative and executive functions, such as maintaining public order. B.N. John v. State of U.P., 2025 LiveLaw (SC) 4 : AIR 2025 SC 759Sections 2(d), 195 Cr.P.C. – Whether a complaint filed before an Executive Magistrate qualifies as a complaint under Section 195 CrPC for taking cognizance of an offence under Section 186 IPC. Held, a complaint within the meaning of Section 2(d) read with Section 195(1)(a) of the CrPC must be filed before a Judicial Magistrate, not an Executive Magistrate, as the latter lacks the authority to take cognizance of offences or try cases. (Para 19) B.N. John v. State of U.P., 2025 LiveLaw (SC) 4 : AIR 2025 SC 759Section 2(1)(y). victimSections 2(wa), 372, 378 (4), 378 (6) CrP.C. - Negotiable Instruments Act, 1881; Section 138 - Dishonour of Cheque - Special Leave to Appeal - Appeal against order of acquittal – Victim's right to appeal - Whether an appeal would be maintainable under the proviso to section 372 of CrPC against an order of acquittal passed in a case instituted upon a private complaint under section 138 by treating complainant in such a proceeding as a victim under section 2(wa) CrPC – Held, a complainant in a cheque dishonour case for the offence under section 138 of Negotiable Instrument Act is a “victim” within the meaning of section 2(wa) of CrPC. The complainant can proceed as per the proviso to section 372 CrPC. Complainant need not invoke section 378(4) CrPC and could file appeal as 'victim' as per section 372 proviso. (Para 7.11) Celestium Financial v. A Gnanasekaran, 2025 LiveLaw (SC) 666 : 2025 INSC 804Section 2 (wa) Cr.P.C. – Victim – Held, 'victim' has been defined in broad manner as to include a person who has suffered any loss or injury - It includes not only the person who has suffered any loss or injury caused by reason of any act or omission for which the accused person has been charged but also includes his or her guardian or legal heir- which means that the definition of victim is inclusive in nature. (Para 6.3 - 6.6) Celestium Financial v. A Gnanasekaran, 2025 LiveLaw (SC) 666 : 2025 INSC 804Section 2 (wa) Cr.P.C. - Accused means a person against whom there is an accusation or a person on trial - Accused of any offence would include in its ambit only a person against whom formal accusation relating to commission of offence has been levelled which in the normal course may result in his prosecution. (Para 7.2, 7.3) Celestium Financial v. A Gnanasekaran, 2025 LiveLaw (SC) 666 : 2025 INSC 804Section 2 (wa), 2 (d) Cr.P.C. – Victim – Complainant - Statutory Right - Distinction between Complainant and Victim – Held, if a complainant is not a victim and the case is instituted upon a complaint, then section 378(4) CrPC requires seeking special leave to appeal. If the Complainant is also a victim, they can choose to proceed under proviso to section 372 CrPC, which provides right to appeal as a victim without the need for special leave. Appeals allowed. (Para 3, 7.11, 7.12, 9) Celestium Financial v. A Gnanasekaran, 2025 LiveLaw (SC) 666 : 2025 INSC 804Section 35. When police may arrest without warrant.Section 41 Cr.P.C. - Evidence Act, 1872 - Section 9 - Arrest of the Accused - Test Identification Parade - Evidentiary Value - Nonexamination of Witness in Trial – Held, a Test Identification Parade (TIP) loses its evidentiary value for identification purposes if the witness who identified the accused during the TIP is not examined in court. Without the witness's testimony and cross-examination, the TIP report, which may corroborate or contradict the identification, becomes irrelevant, as there is a risk of the witness being tutored or exposed to the accused before the TIP. In this case, the appellant, convicted of dacoity and Arms Act offences by the trial court and High Court, was acquitted due to the non-examination of the three witnesses who identified him during the TIP. The Supreme Court allowed the appeal, set aside the conviction, and granted the appellant the benefit of doubt. (Paras 14, 15) Vinod @ Nasmulla v. State of Chhattisgarh, 14 Feb 2025 [Evidence] 2025 LiveLaw (SC) 215 : 2025 INSC 220 : AIR 2025 SC 1194 : 2025 Cri LJ 1237 : (2025) 4 SCC 312Section 41 Cr.P.C. - Penal Code, 1860; Sections 392, 397 and 411 - Arms Act, 1959; Section 25 – Arrest of the Accused - Robbery - Recovery of Weapons - In...

Supreme Court Half Yearly Digest 2025: Cr.P.C.& BNSS

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