Bharatiya Nagarik Suraksha Sanhita(BNSS) Monthly Digest- July 2024

Supreme Court:'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC Section Which Says Only Male Family Members Can Accept SummonsCase Title: Kush Kalra v. UoI And Anr. WP(C) No. 958/2022The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, has removed the provision.The petition challenged Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned.High Courts:Calcutta:Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High CourtCase: Research In Human Dna. It vs Unknown, WPA/22702/2011The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation.A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the BNSS which invoke the use of forensic sciences in the course of investigations, while observing that the current capacity of the existing forensic science laboratories (FSLs) was inadequate.Delhi:Plea To Quash FIR Lodged Under IPC If Filed After July 1 Should Be Governed By BNSS: Delhi High CourtTitle: SH. ANUPAM GAHOI v. STATE (GOVT. OF NCT OF DELHI) AND ANRCitation: 2024 LiveLaw (Del) 826The Delhi High Court has recently quashed a matrimonial case filed against a husband by his wife in 2018 while treating his plea for quashing of the FIR filed under Code of Criminal Procedure (CrPC) under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).Justice Anup Jairam Bhambhani analyzed Section 531(2)(a) of BNSS and said that proceedings are to be disposed of, continued, held or made in accordance with the Cr.P.C. only in cases where such proceedings were already pending immediately before July 01.FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should ApplyTitle: PRINCE v. STATE OF GOVT OF NCT OF DELHI & ORS.Citation: 2024 LiveLaw (Del) 800The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that proceedings must be continued and disposed of under the Code of Criminal Procedure (Cr.P.C.) "only in cases where they were pending" immediately before July 01.Only If Appeal Is 'Pending' Before Enforcement Of BNSS, Can It Be Continued Under CrPC: Delhi High Court's "Possible Interpretation"Title: Shri S. Rabban Alam v. CBI Though Its DirectorCitation: 2024 LiveLaw (Del) 797Giving a “possible interpretation” of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023, the Delhi High Court said that only if an appeal is pending before the new law came into force, can such an appeal be continued under the Cr.P.C.Justice Anup Jairam Bhambhani said, “As per the general, settled principle of law, an appeal is considered to be a continuation of the trial. However, the wording of section 531(2)(a) of the BNSS is amenable to a possible interpretation that if an appeal is pending before the coming into force of the BNSS, only then would such appeal be continued under the Cr.P.C.”BNSS Heralds A 'Transformative Era' In Criminal Justice, Promotes Transparent System Aligned With Principles Of Fairness: Delhi High CourtTitle: BANTU v. STATE GOVT OF NCT OF DELHICitation: 2024 LiveLaw (Del) 768The Delhi High Court has observed that the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the British-era Code of Criminal Procedure, heralds a transformative era in the criminal justice.“BNSS, with its comprehensive emphasis on technological integration, heralds a transformative era in criminal justice, promoting a system that is not only transparent and accountable but also fundamentally aligned with the principles of fairness and justice,” Justice Amit Mahajan observed.Delhi High Court Refers To Bhartiya Nagrik Suraksha Sanhita For First Time While Dealing With Forgery In Trademark DisputeTitle: M/S KG MARKETING INDIA v. MS. RASHI SANTOSH SONI & ANR.Citation: 2024 LiveLaw (Del) 745The Delhi High Court has referred to Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) for the first time after it came into effect on July 01, while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute.In a ruling passed on July 02, Justice Prathiba ...

Bharatiya Nagarik Suraksha Sanhita(BNSS) Monthly Digest- July 2024

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