Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 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.Delhi High Court: Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-EnactmentCase title: Purshottam Profiles vs. EDThe Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate (ED) registered the Enforcement Case Information Report (ECIR) prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force.Gauhati High Court:Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High CourtCase Title: In Re: XXX v. The State of Arunachal Pradesh & Ors.Citation: 2024 LiveLaw (Gau) 82The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. before coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are liable to be filed, under Sections 482, 483 and 528 of the BNSS respectively.The division bench comprising the Chief Justice Vijay Bishnoi and Justice Devashis Baruah observed that a plain reading of the provisions of Section 531 of the BNSS, more particularly, saving clause, Sub-Section (2)(a) clearly suggests that any appeal, application, trial, inquiry or investigation pending, immediately before the date on which the BNSS comes into force, are liable to be disposed of, continued, held or made, as the case may be, in accordance with the CrPC, as in force immediately before such commencement, as if the BNSS has not come into force.Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High CourtCase Title: Ajeet Kumar Vs UT Of J&KCitation: 2024 LiveLaw (JKL) 320Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed by the courts below.“This Court is of the opinion that a petition in terms of Section 483 BNSS corresponding to Section 439 of the repealed Code shall normally be filed, if needed, by either side as a successive one after the disposal of the first application by a competent court”, observed Justice Mohammad Yousuf Wani.Karnataka High Court:No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High CourtCase Title: K Ramakrishna AND Assistant DirectorCitation No: 2024 LiveLaw (Kar) 483The Karnataka High Court while rejecting a bail plea of accused under Prevention of Money Laundering Act, said that petitioner cannot invoke the proviso to Section 479 BNSS on the ground of one-third punishment period undergone, adding that it was not applicable on the facts of the case since several cases were registered...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Sanjana Dadmi

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