One Year Of New Criminal Laws : Key Supreme Court Judgments On BNS, BNSS

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 Supreme Court has interpreted and applied these provisions over the past year.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.Supreme Court Refuses To Entertain Plea To Criminalise Sexual Offences Against Men, Trans Persons & Animals In BNSCase Details : Pooja Sharma Versus Union Of India And Anr. W.P.(Crl.) No. 398/2024Citation: 2024 LiveLaw (SC) 834The Supreme Court on Monday (October 14) refused to entertain a PIL seeking directions under Article 142 to include sexual offences against men, trans persons and animals under the newly enacted Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code.During the hearing, the bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that the Court cannot direct the Parliament to create an offence.BNSS Provision Capping Maximum Undertrial Term Applies To PMLA : Supreme Court Grants BailCase Title – Badshah Majid Malik v. Directorate of EnforcementCitation : 2024 LiveLaw (SC) 835The Supreme Court on Friday (October 18) granted bail to Badshah Majid Malik, an alleged red sanders smuggler, in a money laundering case under the Prevention of Money Laundering Act (PMLA), 2002.A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the ground that he had served more than one-third of the maximum sentence for the offence as per the first proviso to Section 479(1) (Maximum Period for Detention of Undertrial Prisoners) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme CourtCase Title: In Re-Inhuman Conditions In 1382 PrisonsCitation: 2024 LiveLaw (SC) 908The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.A bench of Justice Hrishikesh Roy and Justice SVN Bhatti also directed the authorities to verify and update jail records as there may be cases where a person is accused of heinous crimes but later charges have been framed for a lesser offence, making him eligible for release.'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC Section Which Says Only Male Family Members Can Accept SummonsCase Title: Kush Kalra v. UoI And Anr.The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, has removed the provision.The petition challenged Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned.S.187 BNSS | Supreme Court Affirms HC Judgment That Police Custody Must Be Within First 40 Days For Offences Punishable Upto 10 Yrs ImprisonmentCase : Hyder Ali v.State of Karnataka (2024)The Supreme Court on Wednesday refused to interfere with the judgment of the Karnataka High Court which held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.S.156(3) CrPC v S.175(3) BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme CourtCase Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS.Citation : 2025 LiveLaw (SC) 139The Supreme Court recently criticized the routine use of Section 156(3) Cr.P.C. to order police investigations, even in simple cases where the court could proceed directly to trial, stressing that magistrates should act judicially, not mechanically as a mere post office.The Court also highlighted the changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in Section 175 (corresponding to Section 156 of the Cr.P.C.), noting that Section 174(4) of BNSS is a new addition providing additional safeguards for public servants...

One Year Of New Criminal Laws : Key Supreme Court Judgments On BNS, BNSS

Upasana Sajeev

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