Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Annual Digest 2024

Supreme Court:Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme CourtCase Title: In Re-Inhuman Conditions In 1382 PrisonsCitation: 2024 LiveLaw (SC) 908The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.A bench of Justice Hrishikesh Roy and Justice SVN Bhatti also directed the authorities to verify and update jail records as there may be cases where a person is accused of heinous crimes but later charges have been framed for a lesser offence, making him eligible for release.Plea In Supreme Court Challenges Validity Of BNS & BNSS Provisions, Says 'Sedition' Reintroduced & Police Custody Powers EnhancedCase Title: Azad Singh Kataria vs. Union Of IndiaA petition has been filed in the Supreme Court challenging the constitutional validity of the various provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyaya Sanhita, 2023 (BNS) which replaced the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 with effect from July 1.'When Organised Crimes Are On Rise, Should Legislature Think Of Safeguards For Accused?' : Supreme Court In Plea Challenging BNS, BNSS ProvisionsCase Title: Azad Singh Kataria vs. Union Of IndiaWhile hearing a petition challenging the constitutional validity of provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyaya Sanhita, 2023 (BNS), the Supreme Court today questioned as to whether there should in fact be protective safeguards in place insofar as persons accused of organized crimes are concerned. A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter.Conditions For Remission Must Be Reasonable; No Automatic Cancellation Of Remission On Breach Without Prior Notice: Supreme CourtCase Title – Mafabhai Motibhai Sagar v. State of Gujarat & Ors.Citation: 2024 LiveLaw (SC) 819The Supreme Court on Monday (October 21) held that while the State has the discretion to impose conditions on a convict while granting permanent remission, such conditions must be reasonable.A bench of Justice Abhay Oka and Justice Augustine George Masih emphasized that principles of natural justice must be followed before cancellation of remission due to breach of conditions.Supreme Court Refuses To Entertain Plea To Criminalise Sexual Offences Against Men, Trans Persons & Animals In BNSCase Details : Pooja Sharma Versus Union Of India And Anr. W.P.(Crl.) No. 398/2024Citation: 2024 LiveLaw (SC) 834The Supreme Court on Monday (October 14) refused to entertain a PIL seeking directions under Article 142 to include sexual offences against men, trans persons and animals under the newly enacted Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code.During the hearing, the bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that the Court cannot direct the Parliament to create an offence.BNSS Provision Capping Maximum Undertrial Term Applies To PMLA : Supreme Court Grants BailCase Title – Badshah Majid Malik v. Directorate of EnforcementCitation : 2024 LiveLaw (SC) 835The Supreme Court on Friday (October 18) granted bail to Badshah Majid Malik, an alleged red sanders smuggler, in a money laundering case under the Prevention of Money Laundering Act (PMLA), 2002.A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the ground that he had served more than one-third of the maximum sentence for the offence as per the first proviso to Section 479(1) (Maximum Period for Detention of Undertrial Prisoners) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Take Proactive Steps To Release Deserving Undertrial Prisoners Under S.479 BNSS : Supreme Court To States/UTsCase Title – In Re-Inhuman Conditions In 1382 PrisonsCitation : 2024 LiveLaw (SC) 836The Supreme Court on Tuesday (October 22) expressed concern over the inadequate implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which the maximum period for which undertrial prisoners can be detained.“A cursory examination of the reports from few of the states and the union territories would indicate that the process of identification of the undertrial who are entitled to benefit under section 479 of BNSS is somewhat deficient”, the Court observed.Bar Association Approaches Supreme Court Challenging Validity Of 4 BNSS ProvisionsThe Mannargudi Bar Association has approached the Supreme Court challenging 4 provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). These include: Sections 43(3) [Handcuffing], 107 [attachment, forfeiture of property], 223 [non-taking of cognizance in a complaint case without opportunity of hearing to accused] and 356 [trial in absence of accused].Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Annual Digest 2024

Sanjana Dadmi

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