Important High Court Judgments On BNS, BNSS & BSA : Anniversary Special Edition

The new criminal laws, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, came into effect exactly a year ago, on July 1, 2024. As we mark their first anniversary, let us look at how the High Courts have interpreted and applied these provisions over the past year.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 HC Read Similar Judgments From Delhi High Court, Gauhati High Court, Madras High Court, Punjab & Haryana High CourtCase title – Deepu And 4 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 517 Case citation: 2024 LiveLaw (AB) 517 The 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). S.230 BNSS | Annexing Case Diary Extracts With Bail Plea Now A Norm, Bail Can't Be Opposed Or Denied On This Ground: Allahabad High Court Case title - Vipin Tiwari vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko 2025 LiveLaw (AB) 175 Case citation: 2025 LiveLaw (AB) 175 The Allahabad High Court has recently observed that neither a person can be denied bail nor his bail plea be opposed mainly on the ground that extracts of the case diary had been annexed with his bail plea. During the hearing, the informant raised a preliminary objection to the maintainability of the bail application, contending that the accused had access to the case diary and had even annexed copies of certain extracts with the bail plea, which indicated that he could influence the course of the investigation. Rejecting this submission, the bench noted that Section 230 BNSS (Supply to accused of copy of police report and other documents) itself provides a mandate to the Magistrate that upon appearance of the accused, he shall furnish to the accused copies of the police report, copies of the statements recorded under Section 180(3), the confessions and statements recorded under Section 183 and any other document forwarded to the Magistrate with the police report to the accused. 'CrPC (UP Amendment) Act 2018' Containing Restrictions On Grant Of Anticipatory Bail Stands Impliedly Repealed By BNSS: Allahabad HC Case title - Raman Sahni vs. State Of U.P. Addl. Chief Secy. Deptt. Of Home Lko 2025 LiveLaw (AB) 201 Case citation: 2025 LiveLaw (AB) 201 The Allahabad High Court has observed that with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Criminal Procedure Code (UP Amendment) Act, 2018 - which imposed restrictions on the grant of anticipatory bail in the State (effective from June 6, 2019), in cases under specific laws including the UP Gangsters Act - stands 'impliedly repealed'. A bench of Justice Shree Prakash Singh observed that when a State amends a law on a subject in the Concurrent List, and the Parliament later makes a change to that same law, the State law must give way to the Parliament's law, even if the said law adds to, changes, or repeals the law made by the legislature of the State. CHHATTISGARH HIGH COURT S.482 BNSS Widened Court's Discretion On Anticipatory Bail By Deleting Guiding Factors Like Nature Of Offence, Antecedents: Chhattisgarh HC Case Title: Smt. Parisha Trivedi & Anr. Versus State of Chhattisgarh The 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 FIR Lodged Under IPC But Anticipatory Bail Plea Filed After Enforcement Of New Criminal Laws, Delhi High Court Says BNSS Should Apply Title: PRINCE v. STATE OF GOVT OF NCT OF DELHI & ORS. Citation: 2024 LiveLaw (Del) 800 The Delhi High Court has observed that procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024. Justice Anup Jairam Bhambhani reasoned that Section 531(2)(a) BNSS prescribes that...

Important High Court Judgments On BNS, BNSS & BSA : Anniversary Special Edition

Upasana Sajeev

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