Bhartiya Nagrik Suraksha Sanhita Archives - Supreme Court of India Judgements

February 13, 2026 7:43 am

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)

Feb 1, 2026 sclaw

2026 INSC 88 SUPREME COURT OF INDIA DIVISION BENCH XXX Vs. STATE OF KERALA AND OTHERS ( Before : Dipankar Datta and Manmohan, JJ. ) Criminal Appeal No. 4629 of…

Bail Granted Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Penal Code, 1860 (IPC) — Sections 376, 376(2)(n), and 507 — Allegation of rape based on false promise of marriage — Relationship continued for three years; physical relations established multiple times — Complainant, an educated and married woman, engaged in the relationship voluntarily and without protest or complaint until the break-up — Lodging of FIR three months after the last physical contact, subsequent to the appellant refusing a demand for money — Held, the relationship was consensual; physical intimacy in a long-standing, functioning relationship, which later turns acrimonious, cannot be retrospectively branded as rape — Refusal to fulfill a monetary demand led to the institution of criminal proceedings, amounting to an abuse of the court machinery — FIR and Charge-sheet quashed. (Paras 6, 7, 9, 16, 23, 28, 29, 32, 33, 40, 41)

Nov 30, 2025 sclaw

2025 INSC 1351 SUPREME COURT OF INDIA DIVISION BENCH SAMADHAN S/O SITATRAM MANMOTHE Vs. STATE OF MAHARASTHRA AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal…

Advocates Act Bhartiya Nagrik Suraksha Sanhita Constitution

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 179 — Summoning of Advocate by Investigating Agency — Advocate representing accused cannot be summoned directly to elicit case details as it violates advocate-client privilege and constitutional rights of the accused, unless specific exceptions under Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) apply.

Nov 2, 2025 sclaw

2025 INSC 1275 SUPREME COURT OF INDIA 3 JUDGES BENCH IN RE: SUMMONING ADVOCATES WHO GIVE LEGAL OPINION OR REPRESENT PARTIES DURING INVESTIGATION OF CASES AND RELATED ISSUES. ( Before…

Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 (Corresponding to Bharatiya Nagarika Suraksha Sanhita, 2023, Section 528) — Inherent power of High Court — Recall or review of own judgment — Criminal courts do not have the power to recall or review their own judgments, except for correcting clerical errors under Section 362 CrPC (Section 403 BNSS) — Invoking inherent powers to bypass statutory bars is impermissible — High Court reviewing its earlier order dismissing a petition as withdrawn, under the guise of correcting a clerical error, is illegal and without jurisdiction.

Oct 11, 2025 sclaw

2025 INSC 1205 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. PARMESHWAR RAMLAL JOSHI AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

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C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.

Feb 10, 2026 sclaw

Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw

Category: Bhartiya Nagrik Suraksha Sanhita

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