Case Law Analysis
|Madhya Pradesh High Court
Section 483 BNSS | Regular Bail Granted for Outrage of Modesty Without Penetration Under BNS 74 & POCSO 7/8: MP HC Jabalpur
The Madhya Pradesh High Court has ruled that the absence of sexual penetration in an outrage of modesty case, even under POCSO and BNS, does not justify continued pre-trial detention after charge sheet filing. This sets a critical precedent for bail eligibility in non-penetrative sexual offences where custody exceeds 40 days and no risk of evidence tampering exists, reinforcing proportionality in bail jurisprudence under the new criminal code.