Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest - July 2025

SUPREME COURT Supreme Court Grants Interim Anticipatory Bail To MP Cartoonist After His Apology For Objectionable Post On Prime Minister Case Title – Hemant Malviya v. State of Madhya Pradesh The 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 references to Prime Minister Narendra Modi and the RSS. The court listed the matter after August 15th for further hearing. The cartoon, published on January 6, 2021, was described in the petition as a satirical comment on a public figure's statement that some vaccines were “safe like water” despite lack of rigorous clinical testing. The image, according to the petition, showed a common man being vaccinated by a public representative and had been in circulation on social media for over four years. The plea says that an unknown person reposted the cartoon in May 2025 with added commentary, and Malviya shared it only to show that his work was publicly available. Following this, an FIR was registered on May 21, 2025, under Sections 196, 299, 302, 352, and 353(2) of the BNSS and Section 67A of the Information Technology Act, 2000. The complaint, filed by a person claiming to be a member of the RSS and Hindu community, alleged that the cartoon insulted the RSS, incited violence, and hurt religious sentiments. Police Summons Under Section 35 BNSS Can't Be Served Electronically: Supreme Court Reiterates Case: Satinder Kumar Antil v. Central Bureau of Investigation | IA NO. 63691 OF 2025 in SLP(Crl). 5191 OF 2021 The Supreme Court has reiterated that the summons issued by the police/investigating agency to an accused for appearance as per Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be served electronically. The Court rejected an application filed by the State of Haryana to modify its earlier direction issued in January 2025 that summons for appearance under Section 41A CrPC/Section 35 BNSS cannot be served through WhatsApp or other electronic means. Though the new criminal law BNSS provides for the electronic service of notice, it can be availed only in situations where it is specifically allowed; since electronic service is not specifically mentioned in Section 35, it cannot be resorted to, the Court said. ALLAHABAD HIGH COURT BNSS Has Removed CrPC (UP Amendment) Bar On Grant Of Anticipatory Bail In Offences Punishable With Death Or Life Term: Allahabad HC In a significant ruling, the Allahabad High Court has held that with the enforcement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) from July 1, 2024, which repealed the CrPC, the restriction contained under Section 438(6) of the CrPC (as was applicable in the State of UP) on granting anticipatory bail in cases punishable with death or life imprisonment, no longer applies. In other words, the Court clarified that since Section 482 of the BNSS, which now governs anticipatory bail, does not retain any such prohibition as contained under Section 438 (6) CrPC, there is no bar on granting anticipatory bail in cases punishable with death or life imprisonment. A bench of Justice Chandra Dhari Singh held thus while allowing the second anticipatory bail application filed by one Abdul Hameed, who was summoned to face trial in a 2011 murder case but was not charge-sheeted during the investigation. With S. 111 Of BNS Covering 'Organised Crime', Hasn't Gangsters Act Become Redundant? Allahabad HC Asks UPGovt Case title - Vijay Singh vs. State Of U.P. And 3 Others The Allahabad High Court has observed that with the coming into force of Section 111 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines and penalises the offence of 'organised crime', the provisions of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 appear to have become 'redundant'. A bench of Justice Siddharth and Justice Avnish Saxena has also called for a response from the UP Government in this regard within 3 weeks. Cricketer Yash Dayal Moves Allahabad High Court Against FIR Over Sexual Harassment Allegations Cricketer Yash Dayal, who plays for Royal Challengers Bengaluru (RCB), has moved the Allahabad High Court challenging an FIR lodged against him for allegedly sexually exploiting a woman. The matter will likely be heard by a division bench next week. The FIR was registered against 27-year-old Dayal on July 6 at Indirapuram police station in Ghaziabad under section 69 (Sexual intercourse by employing deceitful means etc.) of BNS. Merely Supporting Pakistan Sans Referring To Any Incident Or India Doesn't Attract S. 152 BNS: Allahabad HC The Allahabad High Court on Thursday observed that merely showing support to Pakistan without referring to any incident or mentioning the name of India will not, prima facie, attract the offence under...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest - July 2025

Upasana Sajeev

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