Topic

BNSS Section 36

2 articlesLatest May 2026
BNSS Section 36 | Absence of Witness Signature on Arrest Memo Valid If Section 48 Notice Served to Family : Gauhati HC
Case Law Analysis
|Gauhati High Court

BNSS Section 36 | Absence of Witness Signature on Arrest Memo Valid If Section 48 Notice Served to Family : Gauhati HC

Gauhati HC rules that an arrest under BNSS remains lawful even without a witness signature on the arrest memo, provided Section 48 notice is duly served to the accused's family. The judgment prioritizes substantive compliance over procedural technicalities, impacting arrest validity in criminal proceedings under the new criminal laws.

Section 37 NDPS Act | Twin Bail Conditions Override BNSS Section 36 Procedural Violations: Tripura HC Denies Relief Despite Prolonged Detention
Case Law Analysis
|Tripura High Court

Section 37 NDPS Act | Twin Bail Conditions Override BNSS Section 36 Procedural Violations: Tripura HC Denies Relief Despite Prolonged Detention

Tripura High Court reaffirms that NDPS Act's Section 37 twin conditions for bail prevail over procedural lapses under BNSS Section 36, even in cases of prolonged incarceration. The ruling underscores that statutory bail restrictions in drug offences cannot be bypassed by procedural non-compliance arguments, impacting undertrial rights and bail jurisprudence.

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