#BNSS

Madras HC Madurai Bench upholds remand of police officials in custodial death case after framing murder charges; Section 91 BNSS bond does not equate to bail for Category B offences under Satender Kumar Antil.

Gujarat HC allows release of seized Eicher truck on interim custody pending trial, holding Section 98(2) Gujarat Prohibition Act not absolute embargo.

The Supreme Court cancelled bail for an espionage accused, holding substantial compliance with Article 22(1) and BNSS Section 47 suffices absent demonstrable prejudice, and hyper-technical objections to arrest-ground communication cannot override core bail jurisprudence.

The Madras HC upheld writ courts' review jurisdiction under Article 226 via HC Writ Rules, ruling that a proposed accused has no pre-FIR hearing right. It also held the State may withdraw a legally untenable review without breaching rule of law, bolstering prosecutorial discretion in PMLA and corruption matters.

The J&K High Court held that inherent powers under Section 528 BNSS cannot override the statutory bar on second revisions under Section 438(3), dismissing a petition challenging the denial of 19 defence witnesses in a Section 138 NI Act case where the defence was provable through sale deeds. The court also cited an unexplained 11-month delay in filing the revision.

The Allahabad HC quashed a FIR direction against a police officer, holding that a magistrate must first obtain the superior’s report and the public servant’s version before invoking BNSS 175(4), safeguarding public servants and curbing FIR orders.

The Allahabad High Court quashed an FIR against police officers, holding that magistrates must apply judicial mind under BNSS 175(3)-(4) and consider the superior officer's report and the public servant's explanations before directing registration of an FIR arising from official duties. The ruling safeguards public servants from mala fide prosecutions while ensuring accountability.

The Chhattisgarh HC held that denying interim custody of a seized vehicle solely because the offence is grave violates BNSS 497(1). It ordered police to release the Tata Safari to the registered owner, ruling that custody cannot be withheld on mere speculation of misuse.

Under BNSS Sec 223(1), Delhi HC held that a magistrate must examine the complainant and witnesses on oath before issuing notice to accused in a complaint, making examination prerequisite to cognizance and strengthening procedural safeguards for accused.

The Uttarakhand High Court held that advance notice under BNSS Section 35(3) is required before police can demand a person’s personal presence during an investigation. This protects individuals from coercion and ensures procedural fairness, especially for those with health issues.

The Punjab & Haryana HC held that concealing criminal antecedents in anticipatory bail under BNSS §482 is an independent ground for denial, imposing ₹50,000 costs. It mandates antecedent disclosure for all pre-arrest bail seekers under the new sanhita.

Gauhati HC held that on a cyber complaint of a suspicious transaction, a bank may only lien that sum and let the account holder use the rest. It protects traders’ livelihood under Article 21 by barring arbitrary full-account freezes.

The Gauhati High Court held that arrest notices under BNSS sections 47 and 48 omitting grounds of arrest violate Articles 21 and 22, vitiating the arrest and barring NDPS Section 37, thereby granting bail to the accused and upholding fundamental rights.

HP HC held that under BNSS §432, prosecution may submit a matriculation certificate as additional evidence to prove a victim's age in a POCSO case at the appellate stage if it supports the case. This clarifies age-proof evidence rules in POCSO trials.

The Gauhati High Court held that under BNSS 43(5), arrest is effective detention, not formal custody, for the sunset rule. Applying this, it denied bail in an NDPS case with 434.38 g heroin, clarifying arrest timing for bail in drug prosecutions.