Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: October 2025

SUPREME COURT Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors: Supreme Court Case: State of Rajasthan v Parmeshwar Ramlal Joshi and others Citation: 2025 LiveLaw (SC) 984 The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except to correct a purely clerical or accidental error. Setting aside the Rajasthan High Court's direction transferring investigation to the CBI in a mining-related dispute, the Court held that the recall of an earlier order by invoking Section 482 CrPC (now Section 528 BNSS) was beyond jurisdiction. "Law is well settled by a catena of decisions of this Court that a criminal Court has no power to recall or review its own judgment. The only permissible action is to correct or rectify clerical errors by virtue of Section 403 BNSS [Section 362 CrPC]," the Court observed. High Courts Should Directly Entertain Anticipatory Bail Pleas Only In 4 Circumstances: Amici Curiae Report In Supreme Court Case Title: MOHAMMED RASAL.C & ANR. VERSUS STATE OF KERALA & ANR., SLP (Crl.) No. 6588/2025 Although the law confers concurrent jurisdiction both on the Sessions Court and the High Court to hear anticipatory bail applications, ordinarily the Sessions Court must be approached first, opined the amici curiae appointed by the Supreme Court. Senior Advocate Siddharth Luthara and Advocate G Arudhra Rao, the amici appointed by the Court in this issue, suggested that High Courts can be approached directly for anticipatory bail only in exceptional circumstances. They recommended that while both High Courts and Sessions Courts enjoy concurrent powers to grant anticipatory bail under Section 438 of the CrPC (now Section 482 of the BNSS), the Sessions Courts should be treated as the primary forum for such applications. BCCI Supports Criminalization Of Match-Fixing; Seeks Intervention In Case Before Supreme Court Case Title: STATE OF KARNATAKA AND ANR. Versus ABRAR KAZI AND ORS., SLP(Crl) No. 9408-9411/2022 In a matter flagging the consequences of betting and match-fixing, the Board of Control for Cricket in India (BCCI) has come out in support of constitution of match-fixing as a criminal offense. A bench of Justices Surya Kant and Joymalya Bagchi was informed of the BCCI's stance today by Advocate Shivam Singh, who was appointed as Amicus Curiae to assist in the matter. Singh apprised the Court that BCCI has filed an intervention application supporting criminalization of match-fixing. This application states that match-fixing constitutes an offense under the IPC (replaced by BNS), inasmuch as an accused can be charged with "cheating". ALLAHABAD HIGH COURT Mere Social Media Post Supporting Pakistan Won't Attract Offence Of 'Endangering Sovereignty Of India' Under BNS: Allahabad High Court Case title - Sajid Chaudhary vs. State of U.P. The Allahabad High Court has observed that merely posting a message showing support for another country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS (promoting enmity), but it will not attract the stringent provisions of Section 152 BNS (Acts endangering sovereignty unity and integrity of India). A bench of Justice Santosh Rai made the observation while granting bail to one Sajid Chaudhary who has been accused of forwarding a Facebook post stating 'Pakistan Zindabad'. Allahabad High Court Stays Arrest Of Man Over Morphed Photo Showing Ex-CM Akhilesh Yadav With Espionage Case Accused The Allahabad High Court (Lucknow bench) recently stayed the arrest of a man accused of sharing a morphed photograph of former Uttar Pradesh Chief Minister Akhilesh Yadav with a woman alleged to have links with Pakistan and is currently facing an espionage case. A bench of Justice Rajnish Kumar and Justice Rajeev Singh passed the interim order while hearing a plea file by accused-Arun Kumar seeking quashing of the FIR as well as protection from arrest. The FIR in question was registered in August this year under Sections 147, 196, 197, 353 of the BNS, Section 67 IT Act and Section 7 of the Criminal Law Amendment Act. Allahabad High Court Grants Interim Relief To Man Accused Of Posting Threat On WhatsApp Against MP Chandra Shekhar Azad Case title - Nitish Agrawal Alias Sona Pandey vs. State of U.P. and Another The Allahabad High Court recently granted interim protection against coercive processes to a man accused of allegedly threatening Aazad Samaj Party MP Chandrashekhar Azad 'Ravan' in a WhatsApp group message. A bench Justice Ram Manohar Narayan Mishra granted relief to one Nitish Agrawal Alias Sona Pandey who is facing a cognizance and summoning order in connection with an FIR lodged under Section 351(2) BNS (Criminal Intimidation). Petitions Citing...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: October 2025

Upasana Sajeev

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