Siddhartha Associates- Siddhartha Jangam

  "Enhanced Bail Provisions under BNSS: Supreme Court's Landmark Ruling on Retrospective Application of Section 479 for Undertrials Nationwide" By Jangam Siddhartha, High Court Advocate Section 478: In what cases bail to be taken. Clause (1) When it Applies: This clause applies when a person (other than one accused of a non-bailable offence) is: Arrested without a warrant by an officer in charge of a police station, or Appears before or is brought before a Court. Right to Bail: If the person is prepared at any time (while in custody or during any stage of the proceeding) to give bail, they shall be released on bail. Indigent Person Exception: If the officer or the Court believes that the person is indigent (i.e., unable to furnish surety), instead of taking a bail bond, they can discharge the person on the execution of a bond for appearance. Presumption of I

  Landmark Ruling by the Punjab & Haryana High Court on the Applicability of BNSS vs CrPC In a recent and pivotal judgment, the Punjab & Haryana High Court has clarified how the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 interacts with the now-repealed Code of Criminal Procedure (CrPC), 1973. This ruling stems from a case involving Mandeep Singh, convicted under Section 138 of the Negotiable Instruments Act—a provision that deals with the dishonor of cheques. Case Background: Mandeep Singh, after being convicted, sought to file a criminal revision petition under Section 401 of the CrPC. However, the petition was filed 38 days after the deadline stipulated under the CrPC. Crucially, Singh filed this petition after July 1, 2024, the date on which the BNSS replaced the CrPC. The court had to decide whether the petition would be adjudicated under the BNSS or the CrPC. This decision was critical, as the new BNSS brought significant procedural changes, and there wa

  Comparative Analysis: Section 173 BNSS and Section 154 CrPC The Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) have been cornerstones of the Indian legal system, with reforms introduced under the Bhartiya Nyaya Sanhita (BNS) marking significant changes. Two important sections to analyze are Section 173 of BNS and Section 154 of CrPC. While both deal with crucial elements of criminal investigations and procedures, the reform introduced through Section 173 of the BNS brings noticeable advancements and challenges in comparison to Section 154 of CrPC. This article provides a comparative analysis useful for legal practitioners. Section 154 of CrPC: First Information Report Section 154 of the CrPC relates to the process of recording First Information Reports (FIR). It mandates that every information relating to the commission of a cognizable offense, if given orally, must be reduced to writing, and the person providing the information should sign the written s