#BNSS 2023

The Chhattisgarh High Court set aside the magistrate’s orders remanding Jitesh Anand to police and judicial custody, declaring his arrest unlawful for breaching Article 22(2) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita. The decision underscores that any detention without a valid transit remand is unconstitutional, mandating immediate release on bail.

Madhya Pradesh High Court rules authorities under BNSS Section 106 can only freeze bank accounts proportionate to disputed sums, unless exceptional circumstances justify broader action. The judgment also lays down 23 guidelines for grievance redressal and SOP compliance.

Orissa HC rules that denial of bail to a child in conflict with law under Section 12 of the JJ Act, 2015 requires specific grounds, not just the gravity of the offence. The court emphasized that detention is an exception, not the rule, and vague safety concerns are insufficient.

Delhi High Court rules that police cannot conduct further investigation after charge-sheet without prior judicial approval under BNSS Section 193(9), safeguarding against arbitrary executive action. The ruling reinforces judicial oversight in criminal proceedings under the new code.

The Bombay High Court has ruled that Special Courts under the SEBI Act cannot take cognizance of offences without first affording the accused an opportunity to be heard, as mandated by the first proviso to Section 223 of the BNSS 2023. This sets a critical procedural safeguard for financial defendants, ensuring fair trial rights are not bypassed even in regulatory prosecutions.

Gauhati High Court rules that offences involving disproportionate assets under the Prevention of Corruption Act do not require prior sanction under Section 17A, reinforcing that quashing proceedings at the trial stage should be exceptional. This holding clarifies the procedural safeguards for prosecuting public servants accused of amassing assets beyond known sources of income.

MP High Court suspends a 10-year NDPS Act sentence, granting bail after 4+ years of custody, holding that mere vehicle ownership without direct contraband possession fails to establish guilt. The ruling underscores that circumstantial evidence must conclusively link the accused to the crime for prolonged detention under stringent narcotics laws.

Karnataka High Court grants limited transit anticipatory bail under Section 482 BNSS to a 78-year-old ex-service man, enabling him to approach the jurisdictional court in Madhya Pradesh. The ruling underscores the court's discretion to balance age, service record, and the need for fair legal recourse in inter-state criminal proceedings.

The Madhya Pradesh High Court suspended the remaining jail term and granted bail to a convicted official under Section 430(1) BNSS, holding that a clean criminal record, no misuse of prior liberty, and undue delay in hearing the appeal outweigh the seriousness of the corruption charge. This reinforces that procedural fairness and delay can justify bail even in heinous statutory offences, setting a precedent for convicted public servants awaiting appellate review.

The Allahabad High Court quashed an arrest and remand after police failed to prepare an arrest memo, delayed filing the FIR by over six hours, and refused to inform family members - violating core safeguards under D.K. Basu and Article 22. This ruling reinforces that procedural compliance is non-negotiable in custodial cases, regardless of the alleged offense.

The Rajasthan High Court affirmed that petitioners may invoke Section 528 BNSS to challenge interlocutory orders tainted by abuse of power, even when a statutory revision remedy exists. This reinforces that inherent jurisdiction is not ousted by procedural alternatives when justice is at stake - a critical safeguard for parties facing arbitrary dispossession or procedural manipulation in pending civil disputes.

Punjab & Haryana High Court reaffirms that FIRs under private offences (Sections 406, 420 IPC) can be quashed under BNSS Section 528 if parties reach a genuine compromise, provided procedural safeguards like victim statements are followed. The ruling clarifies that BNSS retains CrPC’s inherent powers for quashing non-compoundable offences, offering relief to accused where disputes are amicably resolved.

Madhya Pradesh High Court rules that a subsequent FIR for a distinct offence does not constitute valid grounds for cancelling bail under BNSS 2023, reinforcing that bail cancellation requires evidence of bail condition violations or tampering with justice. The ruling aligns with Supreme Court precedent requiring sparing use of cancellation powers.

The Madhya Pradesh High Court granted bail to a 25-year-old accused in a consensual relationship with a 40-year-old widow, holding that prolonged pre-trial detention without criminal antecedents or credible flight risk violates Article 21. The ruling reinforces that bail is the rule under BNSS Section 483, even in sexual offence cases where consent is established and chargesheet is filed.

Patna High Court granted anticipatory bail in a POCSO case, ruling that a prior FIR lodged by the accused and a police supervision note concluding the allegations were untrue significantly weakened the prosecution's case. The judgment reinforces that retaliatory or concocted complaints can be grounds for bail under BNSS 2023, even in serious offences.