Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Quarterly Digest: July to September 2025

SUPREME COURT Supreme Court Grants Interim Anticipatory Bail To MP Cartoonist After His Apology For Objectionable Post On Prime Minister Case Title – Hemant Malviya v. State of Madhya Pradesh The Supreme Court on Tuesday (July 15) granted interim protection to Indore based cartoonist Hemant Malviya, who has been booked over a cartoon shared on Facebook that allegedly contains derogatory references to Prime Minister Narendra Modi and the RSS. The court listed the matter after August 15th for further hearing. The cartoon, published on January 6, 2021, was described in the petition as a satirical comment on a public figure's statement that some vaccines were “safe like water” despite lack of rigorous clinical testing. The image, according to the petition, showed a common man being vaccinated by a public representative and had been in circulation on social media for over four years. The plea says that an unknown person reposted the cartoon in May 2025 with added commentary, and Malviya shared it only to show that his work was publicly available. Following this, an FIR was registered on May 21, 2025, under Sections 196, 299, 302, 352, and 353(2) of the BNSS and Section 67A of the Information Technology Act, 2000. The complaint, filed by a person claiming to be a member of the RSS and Hindu community, alleged that the cartoon insulted the RSS, incited violence, and hurt religious sentiments. Police Summons Under Section 35 BNSS Can't Be Served Electronically: Supreme Court Reiterates Case: Satinder Kumar Antil v. Central Bureau of Investigation | IA NO. 63691 OF 2025 in SLP(Crl). 5191 OF 2021 The Supreme Court has reiterated that the summons issued by the police/investigating agency to an accused for appearance as per Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be served electronically. The Court rejected an application filed by the State of Haryana to modify its earlier direction issued in January 2025 that summons for appearance under Section 41A CrPC/Section 35 BNSS cannot be served through WhatsApp or other electronic means. Though the new criminal law BNSS provides for the electronic service of notice, it can be availed only in situations where it is specifically allowed; since electronic service is not specifically mentioned in Section 35, it cannot be resorted to, the Court said. 'Colonial Sedition Law Brought Back': Plea In Supreme Court Challenges Constitutionality Of Section 152 BNS Case Details: S.G. VOMBATKERE Versus UNION OF INDIA W.P.(C) No. 720/2025 The Supreme Court today (August 8) agreed to consider the plea challenging the constitutional validity of S.152 BNS. The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria issued notice in the petition and tagged it with a pending matter in which the same provision is under challenge. The present petition states that the S.152 BNS virtually brings back the colonial provision on sedition law and contains vague language which may leave room for arbitrary discretion. "In effect, reintroduces the colonial sedition law previously codified as Section 124A of the Indian Penal Code, 1860, under a new nomenclature. Though the language is altered, its substantive content—criminalising vague and broad categories of speech and expression such as “subversive activity,” “encouragement of separatist feelings,” and acts “endangering unity or integrity of India”—remains the same or is even more expansive." Supreme Court Grants Interim Protection To 'The Wire' Editor In Assam FIR Under S.152 BNS Over Article On Operation Sindoor Case Title: FOUNDATION FOR INDEPENDENT JOURNALISM AND ANR. Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 316/2025 The Supreme Court on Tuesday (August 12) granted interim relief to the members of the Foundation running the online news outlet 'The Wire' and its Founding Editor Siddharth Varadarajan by protecting them from coercive action in an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The FIR was registered by the Morigaon Police on July 11 with respect to the article “IAF Lost Fighter Jets to Pak Because of Political Leadership's Constraints': Indian Defence Attache" published by The Wire in relation to the Operation Sindoor. A bench comprising Justice Surya Kant and Justice Joymalya Bagchi passed the interim order in a writ petition filed by the Foundation for Independent Journalism (the trust owning The Wire) and Varadarajan, challenging the constitutionality of Section 152 BNS, which the petitioners contended was a repackaged version of the colonial sedition law. The bench issued notice to the Union Government on the writ petition and tagged it with another petition which also questioned the validity of the provision. Supreme Court To Decide If S.223 BNSS Will Apply When Cognizance Is Taken Of Complaints Filed Before July 1, ...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Quarterly Digest: July to September 2025

Upasana Sajeev

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