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

Supreme CourtSupreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013Citation : 2024 LiveLaw (SC) 632In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS, undertrials can be released on bail if they have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law. Justices Hima Kohli and Sandeep Mehta called upon the superintendent of jails across the Country, where the accused persons are detained, to process their applications through the concerned courts upon the completion of the maximum period of detention. Supreme Court Dismisses PIL Challenging Section 149 BNS & Certain Articles Of Constitution As Unconstitutional, Imposes CostCase Details : Dr. SN Kundra v. Union of India Writ Petition(s)(Civil) No(s).347/2024The Supreme Court recently dismissed a Public Interest Litigation (PIL) that sought to declare certain Constitutional provisions as 'unconstitutional'. The petitioner also challenged S.149 of the Bhartiya Nyaya Sanhita. S. 149 of BNS penalizes the act of collecting arms intended for waging war against the Government of India. Refusing to entertain the petition, the bench dismissed it with costs of Rs. 10,000/-High Courts: Allahabad High Court FIR Lodged On Or After July 1 Would Be Under IPC If Offence Committed Before That Date; Investigation Will Be As Per BNSS: Allahabad HCCase title – Deepu And 4 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 517Case citation: 2024 LiveLaw (AB) 517The Allahabad High Court has observed that in a particular case, if the FIR is lodged on or after July 1, 2024 (the date of commencement of 3 New Criminal Laws), for an offence committed before that date, it would be registered under the provisions of the IPC. Still, the investigation will continue as per Bharatiya Nagarik Suraksha Sanhita (BNSS).The Court also held that in a particular case, if the investigation is pending on July 1, 2024, the investigation will continue as per the CrPC; however, the cognizance of the police report will be taken as per the procedure laid down under the Bharatiya Nagarik Suraksha Sanhita (BNSS).Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal LawsCase Title: Suraj Pal Singh v. Union Of India And Another 2024 LiveLaw (AB) 501 [CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 4 of 2024]Case citation: 2024 LiveLaw (AB) 501Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held that since the old enactments had been replaced by the new criminal laws, i.e. Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagrik Suraksha Sanhita (BNSS), the petitioner can challenge them if any grievances remain.Bombay High Court Maharashtra Police Stations To Have Control Rooms, Digital Display Of Arrested Persons As State Govt Implements Provision Under BNSSIn a first, the Maharashtra Government has resolved to implement a provision of the newly enforced Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), mandating the establishment of control rooms in police stations in every District and at State level.As per a Government Resolution (GR) issued on August 1, the Maharashtra government has resolved to implement section 37 (a) and (b) of BNSS in letter and spirit. This means, police station across Maharashtra will have a 'control room' and will also have 'a prominent digital display' of the names of persons who are arrested, the nature of the offences committed by them, their addresses etc.Cases Filed Before July 1, 2024, Will Be Investigated As Per CrPC And Not BNSS: Bombay High CourtCase Details: Chowgule and Company Pvt. Ltd. vs State of Maharashtra (Criminal Writ Petition 618 of 2024)In a significant order, the Bombay High Court's Goa bench recently held that in cases lodged before July 1, 2024, the provisions of the now repealed Criminal Procedure Code (CrPC) will apply to the investigations and not the Bharatiya Nagarik Suraksha Sanhita (BNSS).Single-judge Justice Bharat Deshpande rejected the argument that since the new law has come in, the cases lodged prior to July 1, will have to be investigated as per the newly enforced BNSS.Delhi High CourtDelhi...

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

Sanjana Dadmi

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