Category: Bharatiya Nyaya Sanhita

Penal Code, 1860 — Sections 45, 53 — Bharatiya Nyaya Sanhita, 2023 — Sections 2(17), 4 — “Life imprisonment” — Meaning — Life imprisonment under Section 53 read with Section 45 IPC (and correspondingly under the BNS) means imprisonment for the rest of the convict’s natural life, terminable only by commutation or remission by competent authority, and not a fixed term of 14 years.

2026 INSC 764 SUPREME COURT OF INDIA DIVISION BENCH RAMASREY @ FAKKAD Vs. STATE OF UTTAR PRADESH ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Writ Petition…

Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including gravity of the offense and societal impact — The Court must not conduct a threadbare analysis of evidence at the bail stage, but the order must reflect application of mind and assessment of relevant factors — Conduct of the accused subsequent to the grant of bail is not a ground for appeal against grant of bail, but for cancellation. (Paras 7, 8)

2025 INSC 1396 SUPREME COURT OF INDIA DIVISION BENCH SALIL MAHAJAN Vs. V. AVINASH KUMAR AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal Appeal…

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