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The Bharatiya Nyaya Sanhita (BNS) is India's new criminal code replacing the Indian Penal Code, governing offenses like deceitful sexual intercourse, cyber fraud, and drug possession.
The ruling upholds charges against female petitioners in December 2023 to July 2024 incidents, clarifying that liability for gang rape under BNS Section 70 extends to those sharing the common intention to commit rape, even without commission of the act.
The MPHC discharged parents-in-law, holding that omnibus allegations in dowry cases cannot sustain a prima facie case against relatives without specific involvement. This shields kin from generic accusations while upholding husband’s liability where allegations are specific.
Karnataka High Court quashed the FIR and charge-sheet against the Devi Villa Homestay owner, ruling that offences alleged under the now-repealed Foreigners Act, 1946 and Section 239 of the BNSS are untenable because the conduct occurred after the statute’s repeal. The decision underscores that once a law is repealed, no statutory duty to report arises, shielding individuals from retroactive criminal liability.
Allahabad HC disposed of a mandamus petition seeking expeditious investigation in Case Crime No. 0496/2026, directing authorities to complete probe under BNS sections 115(2), 118(2), 125, 333, 351(3), 109(1), 3(5) without delay. The court granted liberty to approach the Magistrate if needed, citing Sakiri Vasu (2008) 2 SCC 409.
Allahabad HC grants bail to Markendey Rai in Case Crime No.492/2024 after all fact witnesses examined, citing no threat to witnesses and reliance on Supreme Court precedents. The ruling underscores the importance of examining witnesses before denying bail in politically motivated false implication cases involving self-defence claims.
Allahabad HC clarifies that arrest under BNSS for offences punishable with less than seven years imprisonment is impermissible unless Section 35(1)(b) conditions are met. The ruling reinforces Arnesh Kumar and Satender Kumar Antil precedents, restricting coercive action to exceptional circumstances.
Allahabad HC granted bail under POCSO and BNS despite contradictory victim statements and absence of medico-legal report, citing prolonged trial and jail overcrowding. The court emphasized cooperation undertakings and no criminal history as key factors in the decision.
The Allahabad High Court granted bail in a POCSO and BNSS case after finding irreconcilable contradictions between the victim’s Section 180 and 183 BNSS statements, coupled with a delayed forensic DNA report despite court orders. This reinforces that procedural delays and testimonial inconsistencies, not just gravity of offense, can override presumptive denial of bail in sexual offense cases involving minors.
The Allahabad High Court granted bail to an accused under the UP Prohibition of Unlawful Conversion Act and BNS, finding no credible evidence of religious conversion or sexual assault. The ruling reinforces that mere change of name on Aadhaar, without corroborative proof of coercion or inducement, cannot sustain charges under the Act - protecting consensual adult relationships from weaponized prosecution.
Madhya Pradesh High Court ruled that non-payment of commercial dues does not automatically constitute criminal cheating under BNS 316(5) unless fraudulent intent is established. The court granted anticipatory bail, emphasising that civil remedies, not criminal prosecution, are appropriate for debt recovery disputes.
The Madhya Pradesh High Court granted bail to a convicted appellant under BNS Section 64, finding the prosecutrix’s testimony riddled with material contradictions and no independent corroboration for the sexual assault allegation. The absence of DNA evidence, combined with the prosecution’s failure to examine key witnesses, rendered the case circumstantial and insufficient to justify continued incarceration pending appeal. This reinforces that weak, uncorroborated testimony alone cannot sustain custody in sexual offence cases.
The Allahabad High Court granted bail to an accused in a matrimonial case under the Bharatiya Nagarik Suraksha Sanhita and Dowry Prohibition Act, emphasizing that pending mediation, absence of grievous injury, and a clean criminal record collectively outweigh the gravity of the charges. This reinforces that mediation-backed settlements in marital disputes can justify bail even in non-bailable offences, offering a pathway for de-escalation without compromising trial integrity.
The Allahabad High Court granted bail in a murder case under BNSS where the prosecution relied solely on last-seen evidence, with no corroborative material, no CCTV, and a four-day unexplained delay in filing the FIR. This reinforces that procedural lapses and fragmented circumstantial evidence, even in serious offences, can defeat prima facie case requirements under Section 483, protecting accused persons from prolonged detention without concrete proof.
The Allahabad High Court granted bail in a severe acid attack case after finding the dying declaration too vague to implicate the accused specifically, and all key prosecution witnesses had turned hostile. This reinforces that even in heinous BNS/DP Act cases, the absence of direct, specific evidence and credible testimony can justify bail under Section 483, protecting accused persons from prolonged detention without a prima facie case.
The Madhya Pradesh High Court granted anticipatory bail to a mother-in-law accused in a dowry death case, holding that blanket allegations shared with a co-accused already on bail, without individualized evidence, justify bail under BNSS Section 482. This reinforces that parity and lack of specific culpability can override the gravity of non-bailable offences when investigation risks are absent.