Supreme Court Judgments On BNS, BNSS
The new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam—came into force on July 1, 2024. Over the past year, the Supreme Court has issued several significant judgments interpreting and applying these statutes:
1. Retrospective Application of Section 479 BNSS
Key Judgment: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors.
Ruling: The Supreme Court held that Section 479 of the BNSS, which caps the maximum period for detention of undertrial prisoners, applies retrospectively to all undertrials, including those in cases registered before July 1, 2024. This means undertrials who have served more than one-third of the maximum sentence for the alleged offence are eligible for release, even if their case was registered before the new law came into force.
2. Application of BNSS to Special Laws (e.g., PMLA)
Key Judgment: Badshah Majid Malik v. Directorate of Enforcement
Ruling: The Supreme Court granted bail to an accused under the Prevention of Money Laundering Act (PMLA) on the basis that he had served more than one-third of the maximum sentence, applying the first proviso to Section 479(1) of the BNSS. This confirmed that the BNSS’s cap on undertrial detention applies even to cases under special statutes like PMLA.
3. Special Efforts for Women Prisoners
Key Judgment: In Re-Inhuman Conditions In 1382 Prisons
Ruling: The Supreme Court directed jail superintendents to make special efforts to identify women prisoners eligible for release under Section 479 of the BNSS, reinforcing the retrospective and beneficial application of this provision.
4. Limits of Judicial Power on Substantive Criminal Law
Key Judgment: Pooja Sharma v. Union of India
Ruling: The Supreme Court refused to entertain a PIL seeking to criminalize sexual offences against men, trans persons, and animals under the BNS, holding that the Court cannot direct Parliament to create new offences; such matters are for the legislature.
5. Transitional Provisions and Procedural Law
Key Principles from Supreme Court & High Courts:
Substantive Law: Offences committed before July 1, 2024, are prosecuted under the old IPC, even if FIRs are filed after that date.
Procedural Law: All procedural aspects (such as FIR registration, bail, appeals) after July 1, 2024, are governed by the BNSS, regardless of when the offence occurred.
Pending Proceedings: Trials already underway as of July 1, 2024, continue under the CrPC, but appeals and new applications after that date are under BNSS.
6. Comparison of IPC and BNS Sections
The Supreme Court, in Ram Singh v. State of UP, compared corresponding sections of the IPC and BNS (e.g., IPC 302/301/307 with BNS 102/103(1)/109) and extended the benefit of doubt to the accused, showing continuity and interpretive guidance during the transition.
7. Bail and Cancellation under BNSS
The Supreme Court reaffirmed that considerations for grant and cancellation of bail remain distinct under the BNSS, and cancellation is justified only if the accused misuses liberty, violates bail conditions, or if bail was granted in ignorance of statutory provisions.
The Supreme Court has ensured that the protective and procedural provisions of the BNSS apply retrospectively and beneficially, especially for undertrials and vulnerable groups, while maintaining that substantive offences are governed by the law in force at the time of the offence. The Court has also clarified the judiciary’s limited role in expanding the scope of criminal offences, emphasizing the primacy of legislative action.
