Topic
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.
Rajasthan High Court grants bail under SC/ST (Prevention of Atrocities) Act, 1989, ruling that Section 3(1)(r)(s) requires the offence to occur at a public place. The judgment clarifies bail jurisprudence under the Act, emphasizing jurisdictional prerequisites for atrocities provisions.
The Rajasthan High Court has ruled that a genuine compromise between parties in a land dispute can justify anticipatory bail even for non-compoundable offences under the Bharatiya Nagarik Suraksha Sanhita, signaling that judicial discretion under Section 482 extends beyond statutory compoundability limits. This sets a precedent for courts to prioritize restorative justice and settlement in low-grade criminal disputes, affecting accused persons in property-related BNS cases nationwide.
Rajasthan HC grants bail to seven accused in BNS case where only one non-vital grievous injury exists and allegations are omnibus, emphasizing proportionality and absence of recovery.
Allahabad HC rules that mutual compromise cannot override the state’s obligation to prosecute offences involving grave injuries from deadly weapons under BNS. The court distinguishes between compoundable offences and heinous crimes, emphasizing public justice over private settlements in cases with bone-deep lacerations and radiology-referred injuries.