On August 23, 2024, the Supreme Court of India addressed critical issues surrounding the judicial approach to criminal cases, particularly in light of the recent transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS). The case, Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Anr., has […]
Allahabad High Court Grants Conditional Relief in Abduction Case, Orders Age Determination Test
Allahabad, August 2, 2024 — The Allahabad High Court has issued an order providing conditional relief to Mohammad Kaif and another petitioner in a criminal case involving charges under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita (B.N.S.), 2023. The case revolves around allegations of abduction and kidnapping, with the first information report filed […]
Rajasthan High Court Orders to Follow CrPC for Old FIRs, Not BNSS
On July 9, Rajasthan High Court, held that CrPC and not BNSS should be applicable for trial of any FIR which was filed before the commencement of the new penal legislations. Krishan Joshi, a 65-year-old resident of Nagpur, filed a petition for a thorough investigation into an FIR registered on February 2, 2024. The FIR […]
Gujarat High Court Court Grants Bail to Applicant Accused in Scholarship Scam
On July 12th 2024, in a landmark decision of the Gujarat High Court led by the Honorable Mr Justice M.R. Mengdey which granted bail to the applicant who was involved in a major fraud involving high-profile scholarships. The bail was sought by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 which is […]
“Law does not permit imposition of such a heavy cost, which is a burden to the accused.”: Kerala High Court
On 10th July 2024, Kerala High Court laid down that an accused cannot be imposed a heavy cost for recalling witnesses which turns out to financially burdensome for the prosecution. A Criminal Miscellaneous petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short), challenging imposition […]