Important High Court Judgments On BNS, BNSS & BSA
Here are some of the most important High Court judgments on the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) during their first year of implementation, as highlighted in the anniversary special edition:
1. Allahabad High Court: Implied Repeal of State Amendments by BNSS
The court held that the BNSS, 2023, impliedly repeals the Criminal Procedure Code (UP Amendment) Act, 2018, especially regarding restrictions on anticipatory bail in UP. When Parliament legislates on a Concurrent List subject after a State amendment, the Central law prevails.
2. Chhattisgarh High Court: Wider Discretion in Anticipatory Bail
Section 482 of BNSS widens the court’s discretion in anticipatory bail matters by deleting earlier guiding factors like the nature of the offence and antecedents of the accused.
3. Gauhati High Court: Interpretation of Section 482(4) BNSS
The court clarified that the word “and” in Section 482(4) must be read as “or” regarding anticipatory bail for offences under Sections 65 or 70(2) of BNS, to avoid absurd results.
4. Kerala High Court: Retrospective Application of BNSS Protections
Protections for accused persons of unsound mind or intellectual disability under BNSS apply retrospectively to pending cases, ensuring fair trial rights.
5. Kerala High Court: Organized Crime Definition under BNS
To attract Section 111(1) BNS (organized crime), two or more persons must have carried out continuous unlawful activity leading to more than one chargesheet within 10 years.
6. Madras High Court: Electronic Evidence Experts under BSA
The court directed the Ministry of Electronics and Information Technology (MeitY) to notify electronic evidence experts in each district within three months, emphasizing the right to access justice.
7. Punjab & Haryana High Court: Bail in Small Quantity NDPS Cases
Offences involving small quantities under the NDPS Act are bailable by operation of BNSS, and the accused is entitled to bail without a formal application, subject to bail bonds.
8. Rajasthan High Court: Voice Samples and Right to Privacy
The collection of voice samples against the accused’s wishes does not violate the right to privacy or the right against self-incrimination.
Other Notable High Court Rulings:
Bombay High Court: Magistrates have statutory power to grant permission for the arrest of a female after sunset and before sunrise under Section 43 BNSS.
Kerala High Court: Only offences grouped under Chapter V of BNS (offences against women and children) are considered “offences against a woman” for plea bargaining exclusions.
Supreme Court (contextual): Section 479 BNSS (maximum period for undertrial detention) applies retrospectively to all undertrials, impacting bail and release procedures.
These judgments collectively shape the interpretation and application of India’s new criminal law codes, clarifying legislative intent, expanding procedural protections, and ensuring the harmonization of state and central laws.
