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

Allahabad High Court:IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High CourtCase title - Kajal And Another vs. State Of U.P. Thru. Prin. Secy. Lko. And Another Case citation: 2024 LiveLaw (AB) 583The Allahabad High Court has observed that it is the investigating agency's prerogative to sponsor the witness whose statement they want to record under Section 183 Bharatiya Nagarik Suraksha Sanhita 2023 [Recording of confessions and statements] and that an IO could not be forced to get the statement of any witness recorded under the said provision.A bench of Justice Saurabh Lavania made this observation while dealing with a plea filed by a couple seeking a direction to the Additional Chief Judicial Magistrate concerned to record the statement of the girl (applicant no.1) under Section 183 of BNSS in connection with a case lodged against the applicant no. 2 (boy) under Sections 137(2) [Kidnapping] and 87 [Kidnapping/Abduction for Marriage] of Bharatiya Nyay Sahinta.Bombay High Court: All Officers Instructed To Scrupulously Enforce S.193 BNSS, Intimate Investigation Progress To Informant: Maharashtra Police Tells High CourtCase Title: Nirmala Bhavesh Parmar vs State of MaharashtraThe Bombay High Court was last month informed that the Maharashtra government has issued a circular instructing all the police officers across the State to 'scrupulously' implement the provisions of the newly enforced Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandate the investigating officer to update the progress of the probe to the complainant, within 90 days of the registration of the First Information Report (FIR).A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing a writ petition filed by one Nirmala Parmar seeking directions to the Mumbai Police to strictly comply with section 173 of the Criminal Procedure Code (CrPC) which mandates an investigating officer to hand over a copy of the 'action taken report' or the chargesheet, to the complainant.Chhattisgarh High Court: S.482 BNSS Widened Court's Discretion On Anticipatory Bail By Deleting Guiding Factors Like Nature Of Offence, Antecedents: Chhattisgarh HCCase Title: Smt. Parisha Trivedi & Anr. Versus State of ChhattisgarhThe Chhattisgarh High Court recently pointed that Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) has widened the discretion conferred upon a criminal court wile deciding the anticipatory bail plea of a person apprehending arrest.Justice Goutam Bhaduri highlighted that the legislature has deleted the "guiding factors", contained in the erstwhile CrPC, from the corresponding anticipatory bail provision in BNSS.Delhi High Court:Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old CasesTitle: STATE THROUGH RPF v. DHARMENDRA @ DHARMACitation: 2024 LiveLaw (Del) 1072The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas are filed under the new laws only.Himachal Pradesh High Court:Transgender Persons Cannot Invoke Section 69 Of BNS In False Promise Of Marriage Cases: Himachal Pradesh High CourtCase Title: Bhupesh Thakur Vs State of Himachal PradeshCitation: 2024 LiveLaw (HP) 56Clarifying the limitations of Section 69 of Bharatiya Nyaya Sanhita (BNS) 2023, particularly in cases involving transgender individuals the Himachal Pradesh High Court has clarified that a transgender cannot invoke Section 69 of the which penalizes sexual intercourse on a false promise of marriage.While explaining the actual mandate of Sec 69 and confirming the interim bail of an accused Justice Sandeep Sharma observed, “Since under BNS, “woman” and “transgender” have been given different identity and have been defined independently, under Section 2 coupled with the fact that physical relationship inter-se victim prosecutrix and bail petitioner, if any, was developed prior to surgery of victim-prosecutrix, whereby she allegedly got her sex changed, there appears to be force in the claim of the bail petitioner that he could not have been booked under Section 69 of the BNS, rather he is required to be dealt with in terms of the under Section 18 (d) of the Act”.Karnataka High Court: S.223 BNSS | Notice To Accused Can't Be Issued Before Recording Sworn Statement Of Complainant & Witness: Karnataka HC Lays Down ProcedureCase Title: BASANAGOUDA R PATIL (YATNAL) AND Shivananda S PatilCitation No: 2024 LiveLaw (Kar) 417Clarifying the procedure to be followed by magisterial courts on issuance of notice on complaints under Section 223 BNSS, the Karnataka High Court Friday underlined that the opportunity of hearing to be provided to the accused in the provision is not an empty formality, without which...

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

Sanjana Dadmi

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