BNSS/CrPC Provisions On Rights Of Arrested Persons Applicable To GST & Customs Acts : Supreme Court

The Supreme Court held that the provisions of the Code of Criminal Procedure (now Bharatiya Nagarik Suraksha Sanhita) on the rights of accused persons are equally applicable to the arrests made both under the Customs Act and the GST Act.

Radhika Agarwal v. Union of India and Ors.

S.437(6) CrPC/S.480(6) BNSS | Be Liberal While Deciding Bail When Magistrate Trial Hasn't Concluded In 60 Days

 The Supreme Court yesterday (on February 18), observed that courts should adopt a liberal approach while dealing with applications under Section 437(6) of CrPC in cases where there is no chance of evidence tampering, absconding, or accused delaying the trial.

 For context, Section 437(6) of CrPC, provides that bail ought to be generally granted where the trial in a case triable by the Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence, unless the Magistrate, for reasons recorded, decides otherwise. The counter-part of Section 437(6) in the BNSS is Section 480(6).

 Subhelal @ Sushil Sahu vs State Of Chhattisgarh.

BNSS Allows Supply Of Chargesheet & Case Documents To Victims Free Of Cost : Supreme Court Disposes Of Plea

 

The Supreme Court today disposed of a  matter seeking directions to authorities for free supply of chargesheets to complainants/victims and issuance of notice to them at pre-trial stage.

It observed that while the first issue stood resolved in terms of Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), on the second issue, the Court, under writ jurisdiction, could not direct the legislature to enact law in a particular manner.

Case Title: Vivek Kumar Gaurav v. Union of India

S.156(3) CrPC v S.175(3) BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court

 

The Supreme Court recently criticized the routine use of Section 156(3) Cr.P.C. to order police investigations, even in simple cases where the court could proceed directly to trial, stressing that magistrates should act judicially, not mechanically as a mere post office.

 

The Court also highlighted the changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in Section 175 (corresponding to Section 156 of the Cr.P.C.), noting that Section 174(4) of BNSS is a new addition providing additional safeguards for public servants before an FIR can be registered against them. These safeguards include requiring a report from their superior officer detailing the facts and circumstances of the incident and considering the accused public servant's account of the situation that led to the alleged incident.

OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS.