Topic
The Bharatiya Nagrik Suraksha Sanhita (BNS) is India's new criminal procedure code replacing the CrPC, governing bail, FIR registration, and trial processes.
Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.
Madhya Pradesh High Court rules that Section 59A of the M.P. Excise Act bars anticipatory bail only for accused directly involved in the offence, not for vehicle owners who leased the vehicle to third parties. The judgment clarifies liability thresholds for bail under excise laws, impacting transport and logistics sectors.
Punjab & Haryana High Court holds that anticipatory bail cannot be denied merely for alleged non-cooperation if the accused complies with lawful investigation queries without self-incriminating. Custodial interrogation for recovery alone is insufficient grounds for denial, reinforcing the principle that pre-trial incarceration requires stronger justification than procedural non-compliance.
The Himachal Pradesh High Court has ruled that where parties to a non-heinous road accident case under IPC Sections 279, 337, and 338 reach a voluntary compromise, the FIR may be quashed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita if continuing prosecution offers no discernible public benefit. This sets a clear precedent for courts to prioritize restorative justice over mechanical prosecution in low-severity traffic offences, benefiting accused persons and reducing judicial backlog.
Madhya Pradesh High Court ruled that mere association or conversation without direct incitement does not constitute abetment of suicide under Bharatiya Nyaya Sanhita (BNS) Section 108. The court granted anticipatory bail, emphasizing the need for clear criminal intent or active instigation to establish an offence, reinforcing natural justice principles in suicide-related cases.
Madhya Pradesh High Court grants anticipatory bail where FIR was filed on oral complaint despite statutory requirement of written complaint under MP Freedom of Religion Act, 2021.