Nagarik Suraksha Sanhita 2023 Archives

Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC

The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle

Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.

Case Briefs High Courts

DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds

The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.

Case Briefs High Courts

‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide

At this stage, averments made in the petition that the allegations levelled against accused is false, cannot be looked into while exercising powers under Section 528 of the Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court

By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.

Case Briefs High Courts

Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC

The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”