Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: June 2026

ALLAHABAD HIGH COURT Allahabad High Court Seeks Judicial Officer's Explanation For Remanding 'Juvenile' To Jail, Summons Arresting Cops The Allahabad High Court today ordered the immediate release of a juvenile who was sent to jail on allegations of committing theft, calling his detention prima facie 'illegal'. A Bench of Justice Rajesh Singh Chauhan and Justice Divesh Chandra Samant also sought a personal affidavit from the concerned Judicial Magistrate seeking his explanation for approving the judicial custody without verifying the juvenile's age. The Court noted that, apart from overlooking the age of the juvenile, who was below 17 years at the time of lodging of the FIR, the Magistrate also overlooked the fact that the offences [Sections 303 (3) BNS & 317 BNSS] carried a maximum punishment of 3 and 5 years, respectively. Magistrates, Cops Personally Liable To Compensate For Illegal Preventive Detention: Allahabad High Court Issues Guidelines Case: Chander Pal Singh v State of UP and others In a significant judgment, the Allahabad High Court has ordered the state government to pay ₹25,000 per day to such citizens who are illegally detained beyond 24 hours under the preventive detention provisions of BNSS over alleged breach of peace. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi further directed that this compensation must be recovered directly from the salaries of the erring Magistrates or police officials. Additionally, the bench mandated that the Magistrate and the police official, who are prima facie found responsible for the lapse, shall be subjected to disciplinary proceedings for dereliction of duty in accordance with their relevant service Rules. 'Shocking Affairs In Prayagaraj Police Commissionerate': Allahabad High Court Flags Misuse Of BNSS Preventive Detention Powers Case title - Mansoor Ahmad @ Lallu and another vs State of U.P. and 4 others 2026 LiveLaw (AB) 321 Coming down heavily on the abuse of the preventive detention provision under the BNSS, the Allahabad High Court on Monday observed that magisterial powers granted to Police Commissioners in districts like Prayagraj and Ghaziabad are being “misused to the hilt”. Terming the situation as "a shocking state of affairs", a bench of Justice Siddharth and Justice Vinai Kumar Dwivedi directed the UP Government to pay ₹2,00,000 as compensation to a man who was illegally jailed for 8 days under the preventive detention provisions of the BNSS over an alleged breach of peace. The bench further directed that this compensation amount be recovered directly from the salary of the erring Assistant Commissioner of Police (ACP) following a formal disciplinary inquiry. S. 483(2) BNSS | Can Bail Plea Be Heard In Victim's Absence If They Choose Not To Appear Despite Notice? Allahabad HC Answers Case title - Umesh Mali vs State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Interpreting Section 483 (2) BNSS, the Allahabad High Court has clarified that a bail application in certain cases of rape involving minors can be heard even if the informant or complainant/victim is absent, provided they were duly informed about the proceedings [2026 LiveLaw (AB) 324]. The Court stressed that the statutory mandate is to provide the complainant an opportunity of hearing, and thereafter it is at the complainant's "sweet will" whether to appear before the Court at the time of hearing of the bail application. CALCUTTA HIGH COURT Attachment Of Accused's PropertyU/S 107 BNSS Requires Strict Judicial Scrutiny, Cannot Be Recovery Mechanism:Calcutta High Court Case Title: Puja Hari v. State of West Bengal & Anr. The Calcutta High Court has set aside an order attaching properties belonging to a woman who was not even named as an accused in a criminal case, while issuing significant guidelines on the exercise of powers under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Ajoy Kumar Mukherjee observed that indiscriminate use of the power to attach property under Section 107 BNSS, without strict adherence to statutory safeguards, could seriously imperil the constitutional right to property protected under Article 300A of the Constitution. JAMMU AND KASHMIR HIGH COURT “Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order Case Title: Bittu Ram v. UT of J&K & Ors. The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it. The Court held that the detention order referring to proceedings under section 128 of 'BNSS' without spelling out the full form violated the...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: June 2026

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: June 2026

Upasana Sajeev

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers