Bharatiya Nagarik Suraksha Sanhita 2023

Tusharbhai Rajnikantbhai Shah vs Kamal Dayani 2024 INSC 588 – Anticipatory Bail

Code Of Criminal Procedure, 1973; Section 438 [Section 482 BNSS]- The practice prevalent in the State of Gujarat that the Courts while dealing with the anticipatory bail application routinely impose the restrictive condition whereby, the Investigating Officers are granted blanket permission to seek police custody remand of the accused, in whose favour the order of …

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Sudeep Chatterjee vs State of Bihar 2024 INSC 567- S 438 CrPC -Anticipatory Bail Conditions

Code Of Criminal Procedure, 1973; Section 438 [Section 482 BNSS] – After forming an opinion, taking note of all relevant aspects, that bail is grantable, conditions shall not be put to make it impossible and impracticable for the grantee to comply with – The ultimate purpose of putting conditions while granting pre-arrest bail is to …

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Parvinder Singh Khurana vs Directorate of Enforcement 2024 INSC 546 – Cancellation Of Bail – Stay Order

Code Of Criminal Procedure, 1973; Section 439 – [Section 483 BNSS] – In an application made under Section 439(2) of the CrPC or Section 483(3) of the BNSS or other proceedings filed seeking cancellation of bail, the power to grant an interim stay of operation of order to bail can be exercised only in exceptional …

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Naresh Kumar vs State Of Delhi 2024 INSC 464 – S 313 CrPC

Code of Criminal Procedure, 1973; Section 313 [ Section 351 BNSS] – Though questioning under clause (a) of sub-Section (1) of Section 313, Cr.PC, is discretionary, the questioning under clause (b) thereof is mandatory. Needless to say, a fatal non-compliance in the matter of questioning under Clause (b) of sub-section (1) thereof, in case resulted …

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