Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Supreme Court:S.156(3) CrPC v S.175(3) BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme CourtCase Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS.Citation : 2025 LiveLaw (SC) 139The Supreme Court recently criticized the routine use of Section 156(3) Cr.P.C. to order police investigations, even in simple cases where the court could proceed directly to trial, stressing that magistrates should act judicially, not mechanically as a mere post office.The Court also highlighted the changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in Section 175 (corresponding to Section 156 of the Cr.P.C.), noting that Section 174(4) of BNSS is a new addition providing additional safeguards for public servants before an FIR can be registered against them. These safeguards include requiring a report from their superior officer detailing the facts and circumstances of the incident and considering the accused public servant's account of the situation that led to the alleged incident.BNSS Allows Supply Of Chargesheet & Case Documents To Victims Free Of Cost : Supreme Court Disposes Of PleaCase Title: Vivek Kumar Gaurav v. Union of IndiaThe Supreme Court today disposed of a petition seeking directions to authorities for free supply of chargesheets to complainants/victims and issuance of notice to them at pre-trial stage.It observed that while the first issue stood resolved in terms of Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), on the second issue, the Court, under writ jurisdiction, could not direct the legislature to enact law in a particular manner.S.437(6) CrPC/S.480(6) BNSS | Be Liberal While Deciding Bail When Magistrate Trial Hasn't Concluded In 60 Days : Supreme CourtCase Name: Subhelal @ Sushil Sahu vs State Of Chhattisgarh.Citation: 2025 LiveLaw (SC) 223The Supreme Court yesterday (on February 18), observed that courts should adopt a liberal approach while dealing with applications under Section 437(6) of CrPC in cases where there is no chance of evidence tampering, absconding, or accused delaying the trial.For context, Section 437(6) of CrPC, provides that bail ought to be generally granted where the trial in a case triable by the Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence, unless the Magistrate, for reasons recorded, decides otherwise. The counter-part of Section 437(6) in the BNSS is Section 480(6).BNSS/CrPC Provisions On Rights Of Arrested Persons Applicable To GST & Customs Acts : Supreme CourtCase Title: Radhika Agarwal v. Union of India and Ors.Citation : 2025 LiveLaw (SC) 255The Supreme Court held that the provisions of the Code of Criminal Procedure (now Bharatiya Nagarik Suraksha Sanhita) on the rights of accused persons are equally applicable to the arrests made both under the Customs Act and the GST Act.High Courts:Allahabad High Court: Allahabad High Court Seeks Report Over Alleged House Arrest Of An Advocate Under 'Oral Directions' Of District JudgeCase title - Mahatab Singh vs. State Of UP And 3 OthersThe Allahabad High Court on Tuesday raised concerns over the alleged detention of a 70-year-old advocate from Agra, who was purportedly placed under house arrest by police personnel in November 2024 on the 'oral' directions of the District and Sessions Judge.The petitioner (Advocate Mahtab Singh) claimed he was detained in his house for 2 hours after serving Section 168 BNSS (Police to prevent cognizable offences) notice so as to prevent him from meeting the Administrative (High Court) Judge until he was present in the Judgeship. In its order, the Court remarked that it failed to understand the need and occasion for the police personnel to serve the notice under Section 168 BNSS upon the petitioner on account of the Administrative Judge's visit.Kerala High Court: S.187(3) BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To 10 Yrs: Kerala HCCase Title: Mohammed Sajjid v State of KeralaCitation: 2025 LiveLaw (Ker) 119The Kerala High Court has granted default bail under Section 187(3) BNSS to an accused in a drugs case, booked under Section 22(b) of NDPS Act punishable with rigorous imprisonment for a term which may extend to ten years (maximum ten years punishment), after 60 days in custody.Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HCCase Title: Dr Ditto Tom P. v State of KeralaCitation: 2025 LiveLaw (Ker) 136The Kerala High Court has held that it is not mandatory to obtain sanction under Section 197 of CrPC or Section 218 of the BNSS to prosecute a public servant under Sections 19 and 21 of the POCSO Act for failing to report POCSO Offences. The Court made this ruling on noting that Section 19 which mandates reporting of POCSO offences begins with a non-obstante...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Sanjana Dadmi

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