Transfer of Criminal Cases Under BNSS – A Well-Settled Law

Introduction

“The law relating to transfer of criminal cases is well settled” and explore the provisions
governing the transfer of criminal cases under the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023. The transfer of cases is a critical procedural mechanism to ensure fair trials, as
enshrined in Article 21 of the Constitution. We will comment on the settled nature of this
law, examine the relevant provisions in Sections 423–426, and illuminate these principles
through judicial precedents.

Comment on the Statement: “The Law Relating to Transfer of Criminal Cases is Well
Settled”

The statement that the law on the transfer of criminal cases is well settled holds substantial
merit, as the principles governing such transfers are firmly established through statutory
provisions and consistent judicial interpretations. The BNSS, 2023, under Chapter XXXI
(Sections 423–426), provides a clear framework for transferring cases to ensure impartiality,
convenience, and justice. These provisions codify the grounds, authorities, and procedures for
transfer, leaving little ambiguity. Courts, through landmark decisions, have reinforced that
transfers are warranted when there is a reasonable apprehension of bias, logistical hardship,
or a need to uphold public confidence in the judiciary. For instance, Maneka Sanjay Gandhi
v. Rani Jethmalani (1979) established that fair trial considerations are paramount, a
principle echoed in BNSS provisions. The settled nature of this law lies in its structured
guidelines and judicial clarity, ensuring transfers serve the ends of justice without arbitrary
application.

Provisions of BNSS Regarding Transfer of Criminal Cases

The BNSS, 2023, outlines the transfer of criminal cases in Sections 423–426, empowering
courts to reassign cases to prevent prejudice and ensure fairness:

1. Section 423: Power of High Court to Transfer Cases and Appeals:

o Provision: The High Court may transfer any case or appeal from one court to
another within its jurisdiction or to itself if it is expedient for justice (Section
423(1)).
o Grounds:
▪ To ensure a fair and impartial trial.
▪ To avoid prejudice due to local influences or bias.
▪ For convenience of parties or witnesses.
▪ To meet the ends of justice.
o Procedure: Applications are filed by the accused, prosecution, or suo motu by
the court, with notice to parties. The High Court hears arguments and issues a
transfer order.
o Example: Transferring a high-profile murder case (Section 103 BNS, 2023)
from a district court to another due to media influence.
o Form: Form 45 (Order of Transfer, First Schedule).
2. Section 424: Power of Sessions Judge to Transfer Cases:
 o Provision: A Sessions Judge may transfer a case or appeal from one court to
another within their sessions division for administrative efficiency or fairness
(Section 424).
o Grounds: Similar to Section 423, including convenience or impartiality.
o Example: Transferring a theft case (Section 303 BNS) to another Magistrate
due to the original court’s heavy caseload.
3. Section 425: Application for Transfer:
o Provision: Applications for transfer must be made to the High Court or
Sessions Judge, specifying grounds like bias, inconvenience, or public interest
(Section 425(1)).
o Procedure: The court may stay proceedings in the original court pending the
transfer decision (Section 425(2)).
o Example: An accused in a fraud case (Section 318 BNS) applies for transfer
citing the trial judge’s alleged prejudice.
4. Section 426: Power of Supreme Court to Transfer Cases:
o Provision: The Supreme Court may transfer cases or appeals between High
Courts or subordinate courts across states if necessary for justice (Section
426).
o Grounds: Exceptional circumstances, such as national interest or significant
public concern.
o Example: Transferring a rioting case (Section 191 BNS) from one state to
another due to communal tensions.

Relevant Case Laws

1. Maneka Sanjay Gandhi v. Rani Jethmalani (1979):

o The Supreme Court emphasized that transfer is warranted when there is a
reasonable apprehension of bias, supporting Section 423’s focus on fair trials.
o Relevance: Reinforces the settled principle of impartiality.

ConclusionThe law on transferring criminal cases, as embodied in Sections 423–426 BNSS,

2023, is well settled, providing a clear and structured framework to ensure fair and impartial
trials, as affirmed by cases like Maneka Sanjay Gandhi. Supported by Form 45, these
provisions empower High Courts, Sessions Judges, and the Supreme Court to transfer cases
for justice, convenience, or public interest.
Defining Appeal and the Powers of the Appellate Court Under BNSS

Opening Remarks

the appeal, a vital mechanism for ensuring judicial accountability and fairness in our legal
system. Under Chapter XXXI (Sections 413–432) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, appeals allow aggrieved parties to seek redress from higher courts,
safeguarding the constitutional guarantee of a fair trial under Article 21. Our focus is
twofold: defining the term “appeal” and exploring the extensive powers of the Appellate
Court under Section 419.

Defining the Term “Appeal”

Let us begin with the definition of an appeal. While the BNSS, 2023, does not provide an
explicit definition, Section 413 implicitly characterises an appeal as a statutory procedure
whereby a party challenges a lower court’s decision—be it a conviction, acquittal, sentence,
or order—before a higher judicial authority to rectify legal or factual errors. The appellate
process is a critical safeguard, ensuring that justice is not only done but seen to be done.

• Scope of Appeals:
o Convictions: An accused may appeal against a conviction or sentence
imposed by a Magistrate to the Sessions Court, or by a Sessions Court to the
High Court (Section 415).
o Acquittals: The State or, with court leave, a complainant may appeal an
acquittal to the High Court (Section 416).
o Orders: Appeals are permitted against specific orders, such as those requiring
security bonds (Section 414) or compensation (Section 427).
• Purpose: Appeals serve to correct judicial errors, protect individual rights, and
uphold the integrity of the criminal justice system.
• Procedure: An appeal is initiated by filing a petition using Form 44 (Appeal Petition,
First Schedule) within the prescribed limitation period. The Appellate Court issues
notice to parties, reviews records, and hears arguments (Section 420).
• Limitations: No appeal lies in petty cases with fines not exceeding ₹1,000, guilty
pleas with minor sentences, or plea bargaining judgments, except on procedural
grounds (Sections 413, 418).
• Example: Consider an accused convicted of criminal breach of trust (Section 316
BNS, 2023) by a Judicial Magistrate. They may appeal to the Sessions Court under
Section 415(1), seeking reversal of the conviction.

Powers of the Appellate Court (Section 419 BNSS)

Now, let us examine the powers of the Appellate Court under Section 419, which confer
extensive authority to ensure just outcomes. The Appellate Court—either the Sessions Court
for Magistrate decisions or the High Court for Sessions Court rulings—acts as a guardian of
justice, with powers to review, modify, or reverse lower court decisions.

1. Dismiss the Appeal:

 o The court may dismiss an appeal if it lacks merit, either summarily (Section
421) or after a full hearing, with reasons recorded.
o Example: An appeal against a conviction for theft (Section 303 BNS) may be
dismissed if evidence overwhelmingly supports the verdict.
2. Reverse the Finding:
o The court may reverse a conviction or acquittal if the lower court’s decision is
legally or factually erroneous.
o Example: Reversing an acquittal for fraud (Section 318 BNS) if critical
evidence was ignored.
3. Alter the Finding:
o The court may modify the conviction to reflect a different offense supported
by the facts.
o Example: Changing a robbery conviction (Section 305 BNS) to theft (Section
303 BNS) if violence is unproven.
4. Modify the Sentence:
o The court may reduce or enhance the sentence to align with the offense’s
gravity, within statutory limits.
o Example: Reducing a three-year sentence for cheating (Section 318 BNS) to
one year based on mitigating circumstances.
5. Order a Retrial:
o If procedural irregularities vitiate the trial, the court may direct a fresh trial by
the same or another court.
o Example: Ordering a retrial for culpable homicide (Section 105 BNS) due to
improper witness examination.
6. Take Additional Evidence:
o The court may record new evidence or direct the lower court to do so if
essential for justice (Section 419(2)).
o Example: Admitting a new forensic report in an appeal against a murder
conviction (Section 103 BNS).
7. Suspend Sentence or Grant Bail:
o Pending appeal, the court may suspend the sentence and grant bail (Section
422), using Form 42 (Bail Bond).
o Example: Granting bail during an appeal against a conviction for criminal
trespass (Section 329 BNS).
8. Pass Consequential Orders:
o The court may issue orders to implement its decision, such as victim
compensation (Section 360).

Relevant Case Laws

1. M.H. Hoskot v. State of Maharashtra (1978):

o Affirmed the right to appeal as integral to a fair trial, supporting Section 415.

ConclusionAn appeal, as implied by Section 413 BNSS, 2023, is a statutory review process
to challenge lower court decisions, ensuring justice through higher judicial scrutiny. The
Appellate Court’s powers under Section 419, supported by Forms 42 and 44, encompass
dismissing, reversing, altering, or ordering retrials, as exemplified by M.H. Hoskot.
Brief Examination of Appeal Provisions Under BNSS

Introduction

Appeals under the BNSS, 2023, provide a mechanism for reviewing judicial decisions to
correct errors and ensure justice, aligning with Article 21 (right to a fair trial). Governed by
Chapter XXXI (Sections 413–432), these provisions outline the right to appeal, appellate
authorities, and procedures for challenging convictions, acquittals, or sentences.

Provisions (Sections 413–432 BNSS)

1. Section 413: No Appeal in Certain Cases:

o No appeal lies for petty cases where a fine does not exceed ₹1,000, or where
the accused pleads guilty and is convicted, except on sentence severity
(Section 413(1)).
o Example: No appeal for a ₹500 fine in a public nuisance case (Section 324
BNS, 2023).
2. Section 414: Appeal from Orders Requiring Security:
o Orders for security bonds (e.g., under Section 129) can be appealed to the
Sessions Court or High Court.
3. Section 415: Appeals from Convictions:
o A person convicted by a Magistrate may appeal to the Sessions Court (Section
415(1)). Convictions by a Sessions Court are appealable to the High Court
(Section 415(2)).
o Form: Form 44 (Appeal Petition).
4. Section 416: Appeal Against Acquittal:
o The State Government may appeal an acquittal to the High Court, or the
complainant may appeal with court leave (Section 416(1)).
o Example: Appeal against acquittal in a theft case (Section 303 BNS).
5. Section 417: Appeal Against Sentence:
o Appeals against inadequate sentences are filed by the State to the High Court
(Section 417).
6. Section 418: Appeal in Case of Plea Bargaining:
o No appeal is allowed against a plea bargaining judgment (Section 296), except
on procedural irregularities.
7. Section 419: Powers of Appellate Court:
o The appellate court may dismiss the appeal, reverse the verdict, alter the
sentence, or order a retrial after reviewing evidence (Section 419(1)).
o Example: Reducing a sentence for criminal trespass (Section 329 BNS).
8. Section 420: Procedure for Hearing Appeals:
o Appeals are heard after notice to parties, with the appellant or their advocate
presenting arguments (Section 420(1)).
9. Section 421: Summary Dismissal of Appeal:
o Appeals lacking merit may be dismissed summarily, with reasons recorded.
10. Section 422: Suspension of Sentence Pending Appeal:
o The appellate court may suspend the sentence and grant bail during appeal
proceedings (Section 422).
o Form: Form 42 (Bail Bond).
11. Section 423–432: Miscellaneous:
 o Section 423: High Court may hear appeals not filed through regular channels
if justice demands.
o Section 427: Appeals from orders under Section 360 (compensation) are
allowed.
o Section 430: Finality of High Court orders, subject to Supreme Court review.

Scope and Application

• Who Can Appeal:

o Convicted persons (Section 415).
o State or complainants against acquittals (Section 416).
o Parties challenging orders like security bonds (Section 414).
• Appellate Authorities:
o Sessions Court for Magistrate convictions.
o High Court for Sessions Court decisions or acquittals.
• Limitations:
o No appeal in petty cases or plea bargaining judgments (Sections 413, 418).
• Procedure:
o File appeal petition (Form 44) within the limitation period.
o Hearing involves evidence review and arguments (Section 420).
o Outcomes include dismissal, reversal, or retrial (Section 419).

Significance

• Justice: Appeals correct judicial errors, ensuring fair outcomes.

• Fairness: Section 419 allows evidence re-evaluation, upholding Article 21.
• Accessibility: Section 422’s bail provision protects liberty during appeals.

Relevant Case Laws

1. M.H. Hoskot v. State of Maharashtra (1978):

o Emphasized the right to appeal as part of fair trial (Section 415).
2. State of Punjab v. Bhag Singh (2004):
o Supported State’s right to appeal acquittals (Section 416).

Conclusion

The appeal provisions under Sections 413–432 BNSS, 2023, supported by Forms 42 and 44,
provide a structured framework for reviewing convictions, acquittals, and sentences, ensuring
justice through appellate oversight. From limiting appeals in petty cases (Section 413) to
empowering High Courts (Section 419), these provisions, reinforced by cases like M.H.
Hoskot, uphold fairness.
Provisions of Anticipatory Bail Under BNSS and Its Application in Murder
Cases

Introduction the concept of anticipatory bail under the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, a vital safeguard for protecting liberty before arrest. Governed by
Section 343 in Chapter XXXIV, anticipatory bail allows individuals to seek preemptive
relief from apprehension in criminal cases. We will briefly discuss its provisions and address
whether anticipatory bail can be granted in a murder case, drawing on authoritative case law
to illuminate this issue.

Provisions of Anticipatory Bail (Section 343 BNSS)

1. Definition and Scope (Section 343(1)):

o Anticipatory bail is a court order directing that, upon arrest for a non-bailable
offence, the applicant be released on bail, subject to conditions. It is granted
when a person has reasonable apprehension of arrest for an offence under the
Bharatiya Nyaya Sanhita (BNS), 2023, or other laws.
o Purpose: To protect liberty under Article 21 by preventing unnecessary
detention before trial.
o Example: An individual fearing arrest for cheating (Section 318 BNS) may
seek anticipatory bail.
2. Jurisdiction (Section 343(1)):
o The High Court or Court of Session may grant anticipatory bail, exercising
discretionary powers based on the case’s facts.
3. Conditions (Section 343(2)):
o The court may impose conditions, such as:
▪ Attending police inquiries.
▪ Not tampering with evidence or influencing witnesses.
▪ Not leaving India without permission.
▪ Executing a bail bond (Form 42, First Schedule).
o Example: Conditions may include weekly reporting to police for an accused
in a fraud case.
4. Procedure (Section 343):
o The applicant files a petition, supported by an affidavit, stating grounds for
apprehension.
o The court hears the public prosecutor and applicant, ensuring fairness (Section
343(3)).
o If granted, the order specifies bail terms; if denied, reasons are recorded.
5. Duration and Cancellation (Sections 343(4)–(5)):
o Anticipatory bail may continue until trial or be limited in duration.
o The court may cancel bail if conditions are violated or new evidence emerges.

Anticipatory Bail in Murder Cases

• Murder as a Non-Bailable Offence:

o Murder (Section 103 BNS, 2023) is a non-bailable offence, punishable with
death or life imprisonment, listed in the First Schedule. Anticipatory bail is not
barred but is granted sparingly due to the offence’s gravity.
 • Can Anticipatory Bail Be Granted?:
o Section 343 does not explicitly exclude murder from anticipatory bail
eligibility. However, courts exercise extreme caution, granting it only in
exceptional circumstances, such as:
▪ Weak Evidence: Lack of prima facie evidence linking the accused to
the crime.
▪ Circumstantial Factors: Accused’s character, low flight risk, or
cooperative behaviour.
▪ Special Considerations: Health, age, or lack of prior criminal record.
o Bail is typically denied if:
▪ Strong evidence exists (e.g., eyewitness testimony).
▪ The accused poses a risk to witnesses or public safety.
o Example: Anticipatory bail may be considered if the accused is implicated in
a murder case based solely on hearsay, with no direct evidence.
• Case Law:
1. Gurbaksh Singh Sibbia v. State of Punjab (1980):
▪ The Supreme Court held that anticipatory bail under Section 343
equivalents is discretionary and not barred for serious offences like
murder. Courts must balance liberty with case gravity, granting bail if
evidence is weak or the accused is unlikely to abscond. This case
guides liberal yet cautious application.
▪ Relevance: Supports anticipatory bail in murder cases with exceptional
circumstances.
2. Siddharam Satlingappa Mhetre v. State of Maharashtra (2011):
▪ The Court granted anticipatory bail in a murder case due to lack of
direct evidence and the accused’s clean record, emphasizing Section
343’s flexibility but caution for heinous crimes.
▪ Relevance: Illustrates rare instances where murder cases qualify.

Significance

• Liberty: Section 343 protects against arbitrary arrests, upholding Article 21.
• Fairness: Judicial discretion ensures balanced decisions.
• Safeguards: Conditions in Form 42 prevent misuse of bail.

Conclusion

Anticipatory bail under Section 343 BNSS, 2023, supported by Form 42, allows pre-arrest
release for non-bailable offences, with conditions ensuring compliance. While permissible in
murder cases, it is granted only in exceptional circumstances, as clarified by Gurbaksh
Singh Sibbia and Siddharam Satlingappa Mhetre.
Revisional Powers of the High Court Under BNSS

Introduction

the revisional powers of the High Court under the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2025, a critical mechanism for ensuring judicial oversight and correcting errors in
lower court proceedings. Governed by Chapter XXXII (Sections 435–438), these powers
enable the High Court to review decisions to uphold fairness and justice, aligning with
Article 21’s guarantee of a fair trial.

Revisional Powers of the High Court (Sections 435–438 BNSS)

1. Section 435: Power to Call for Records:

o Provision: The High Court may call for and examine the records of any
proceeding from any inferior criminal court within its jurisdiction to satisfy
itself as to the correctness, legality, or propriety of any finding, sentence, or
order, and the regularity of proceedings (Section 435(1)).
o Scope: Applies to trials, inquiries, or other proceedings by Magistrates or
Sessions Courts, including convictions, acquittals, or interlocutory orders.
o Purpose: To detect and correct errors without necessarily acting as an
appellate court.
o Example: The High Court may review a Magistrate’s conviction for theft
(Section 231 BNS, 2025) if the sentence appears disproportionate.
o Form: Form 46 (Order for Revision, First Schedule).
2. Section 436: Power to Order Inquiry:
o Provision: On examining records, the High Court may direct a subordinate
court to conduct an inquiry into any irregularity or illegality, such as improper
evidence admission (Section 436).
o Example: Directing a Magistrate to inquire into a flawed bail rejection in a
cheating case (Section 246 BNS).
3. Section 437: Powers in Revision:
o Provision: The High Court may exercise the following powers in revision
(Section 437(1)):
▪ Set Aside Findings or Orders: Annul convictions, sentences, or
orders if illegal or improper.
▪ Modify Sentences: Alter sentences (e.g., reduce imprisonment for
criminal trespass under Section 259 BNS).
▪ Order Retrial: Direct a fresh trial if proceedings were vitiated.
▪ Pass Appropriate Orders: Issue orders to remedy errors, such as
quashing an unlawful discharge.
o Limitations:
▪ Cannot convert an acquittal into a conviction (Section 437(2)).
▪ Revisional powers are discretionary and not a substitute for appeals
(Section 437(3)).
o Example: Setting aside a conviction for assault (Section 95 BNS) due to lack
of evidence.
4. Section 438: Sessions Judge’s Revisional Powers:
o Provision: The Sessions Judge may exercise similar revisional powers over
Magistrates’ decisions, but appeals from such revisions lie to the High Court
(Section 438).
 o Example: A Sessions Judge reviews a Magistrate’s order in a public nuisance
case (Section 252 BNS).

Procedure for Revision

• Initiation: Revision may be initiated:

o Suo Motu: By the High Court on discovering errors in records (Section 435).
o On Application: By an aggrieved party (e.g., accused or complainant) via a
revision petition.
• Hearing: The High Court issues notice to parties, examines records, and hears
arguments (Section 435(2)). It may summon witnesses or take additional evidence if
necessary.
• Order: The court passes a reasoned order, recorded in Form 46, addressing the error.
• Example: An accused files a revision petition against a flawed conviction for fraud
(Section 246 BNS), prompting High Court review.

Relevant Case Laws

1. Pranab Kumar Mitra v. State of West Bengal (1959):

o The Supreme Court clarified that revisional powers under Section 435
equivalents are discretionary, aimed at correcting legal errors, not re-weighing
evidence.
o Relevance: Defines the scope of revision.
2. Amit Kapoor v. Ramesh Chander (2012):
o Emphasized that High Courts under Section 437 equivalents can interfere
when there is a manifest error, such as an illegal sentence.
o Relevance: Guides judicial intervention.

Conclusion

The revisional powers of the High Court under Sections 435–438 BNSS, 2025, supported by
Form 46, empower it to review and correct errors in lower court proceedings, ensuring
correctness, legality, and propriety. These powers, exercised suo motu or on application,
address illegalities or irregularities, as reinforced by cases like Pranab Kumar Mitra and
Amit Kapoor.
Execution of Death Sentences and Imprisonment Under BNSS

Introduction

the procedural framework for executing death sentences and imprisonment under the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a critical aspect of criminal justice
that balances retribution, deterrence, and constitutional safeguards under Article 21.
Governed by Chapter XXVII (Sections 367–390), these provisions ensure lawful and
humane execution of sentences while upholding judicial oversight. We will discuss the
execution of death sentences, the implementation of imprisonment, and illuminate these
processes through authoritative case laws.

Execution of Death Sentences (Sections 368–369 BNSS)

1. Section 368: Execution of Sentence of Death:

o Provision: A death sentence, imposed for offences like murder (Section 103
BNS, 2023), is executed by hanging by the neck until death or as prescribed
by law (Section 368(1)). The execution occurs in a designated jail under the
Superintendent’s supervision.
o Procedure:
▪ The Court of Session pronounces the death sentence, which is subject
to confirmation by the High Court (Section 369).
▪ The sentence is executed only after the High Court confirms it or
mercy petitions are exhausted.
▪ The government may commute the sentence to life imprisonment
(Section 368(2)).
o Safeguards:
▪ Execution is postponed for pregnant women until delivery or six
months postpartum (Section 368(3)).
▪ The accused receives notice of execution proceedings.
o Form: Form 43 (Warrant for Execution of Death Sentence, First Schedule).
o Example: A convict sentenced for murder under Section 103 BNS awaits
High Court confirmation before execution.
2. Section 369: Confirmation of Death Sentence:
o Provision: Every death sentence by a Sessions Court must be submitted to the
High Court for confirmation before execution (Section 369(1)).
o Procedure:
▪ The Sessions Court forwards trial records to the High Court.
▪ The High Court reviews evidence, hears arguments, and may confirm,
commute, or annul the sentence, or order a retrial (Section 369(2)).
▪ Execution is stayed pending confirmation (Section 369(3)).
o Purpose: Ensures judicial scrutiny to prevent erroneous executions.
o Example: A death sentence for terrorism-related murder is reviewed by the
High Court for fairness.

Execution of Imprisonment (Sections 370–376 BNSS)

1. Section 370: Execution of Sentence of Imprisonment:

 o Provision: Imprisonment sentences (e.g., for robbery under Section 305 BNS)
are executed by confining the convict in a designated jail as per the court’s
warrant (Section 370(1)).
o Types:
▪ Rigorous Imprisonment: Involves hard labor (e.g., construction
work).
▪ Simple Imprisonment: No labor (e.g., confinement only).
o Form: Form 44 (Warrant for Imprisonment, First Schedule).
2. Section 371: Direction of Warrant for Execution:
o Provision: The court issues a warrant to the jail Superintendent, specifying the
imprisonment term and type (Section 371).
o Example: A warrant for three years’ rigorous imprisonment for theft (Section
303 BNS).
3. Section 372: Warrant with Whom to Be Lodged:
o Provision: The warrant is lodged with the jail Superintendent, who ensures the
convict’s confinement (Section 372).
4. Section 373: Execution of Sentence of Imprisonment for Life:
o Provision: Life imprisonment means confinement for the convict’s natural
life, unless commuted or remitted (Section 373).
o Example: Life imprisonment for culpable homicide (Section 105 BNS)
involves lifelong incarceration.
5. Section 374: Execution of Sentence of Imprisonment in Other Cases:
o Provision: For terms less than life, the convict serves the specified period,
adjusted for remission or parole (Section 374).
6. Section 375: Levy of Fine with Imprisonment:
o Provision: If a fine is unpaid, the court may order additional imprisonment,
not exceeding one-fourth of the maximum term for the offense (Section 375).
o Example: Defaulting on a ₹5,000 fine for cheating (Section 318 BNS) may
lead to additional months in jail.
7. Section 376: Who May Issue Warrant:
o Provision: Only the sentencing court or its successor issues execution
warrants, ensuring judicial authority (Section 376).

Relevant Case Laws

1. Bachan Singh v. State of Punjab (1980):

o The Supreme Court upheld the constitutionality of the death penalty,
emphasizing the “rarest of rare” doctrine, guiding Section 368’s application.
o Relevance: Shapes death sentence execution criteria.
2. Shatrughan Chauhan v. Union of India (2014):
o The Court ruled that undue delay in executing a death sentence violates
Article 21, supporting mercy petitions under Section 368.
o Relevance: Reinforces procedural safeguards.

Conclusion:The execution of death sentences and imprisonment under Sections 368–376

BNSS, 2023, supported by Forms 43–44, provides a structured framework for implementing
severe punishments. Death sentences require High Court confirmation and humane execution
(Sections 368–369), while imprisonment ensures lawful confinement (Sections 370–376), as
reinforced by cases like Bachan Singh and Shatrughan Chauhan.
When Bail May Be Granted in Non-Bailable Cases Under BNSS

Introduction

Bail in non-bailable cases allows temporary release of an accused charged with serious
offences, balancing individual liberty under Article 21 with societal safety. Under Chapter
XXXIV (Sections 478–496) of the BNSS, 2023, Section 480 governs the granting of bail for
non-bailable offences, where arrest without a warrant is permissible, and the court exercises
discretion based on specific criteria.

Definition of Non-Bailable Offences

• Section 2(1)(s): Non-bailable offences are those listed in the First Schedule of the
BNSS or other laws, where bail is not a right but subject to judicial discretion.
Examples include murder (Section 103 BNS, 2023), rape (Section 64 BNS), and
dacoity (Section 310 BNS), typically punishable with death, life imprisonment, or
imprisonment exceeding seven years.

Provisions for Granting Bail in Non-Bailable Cases

1. Section 480: Bail in Non-Bailable Cases:

o Discretionary Power: Courts may grant bail in non-bailable cases, but it is
not an automatic right (Section 480(1)). The court considers the case’s facts
and circumstances.
o Conditions for Granting Bail:
▪ Reasonable Grounds for Belief: Bail may be granted if the court
believes the accused is not guilty of an offence punishable with death
or life imprisonment (Section 480(1)(i)).
▪ No Reasonable Grounds for Guilt: If there are no reasonable grounds
to believe the accused committed the offence, bail is likely (Section
480(1)(ii)).
▪ Special Circumstances: Courts may grant bail based on factors like
age, health, gender, or case merits, even in serious cases, subject to
conditions (Section 480(2)).
o Proviso for Serious Offences: If the accused is charged with an offence
punishable by death or life imprisonment, bail is generally denied unless
exceptional circumstances exist (e.g., weak evidence or prolonged detention).
o Example: Bail may be granted for robbery (Section 305 BNS) if evidence is
inconclusive, but denied for murder (Section 103 BNS) with strong evidence.
2. Section 479: General Bail Provisions:
o Courts impose conditions like bonds (Section 479(1)), using Form 42 (Bail
Bond), to ensure the accused’s appearance and compliance.
3. Section 481: Bail by High Court or Sessions Court:
o In non-bailable cases, the High Court or Court of Session has concurrent
jurisdiction to grant bail, considering the same criteria as lower courts (Section
481(1)).
4. Section 482: Special Considerations for Certain Categories:
 o Bail may be granted more readily to women, children under 16, sick, or infirm
persons, even in non-bailable cases, to protect vulnerable groups (Section
482).
5. Section 483: Anticipatory Bail:
o For non-bailable offences, anticipatory bail may be granted if the accused
apprehends arrest, with conditions to prevent absconding (Section 483).
6. Section 484: Maximum Period for Bail Consideration:
o Courts must decide bail applications promptly, ensuring no undue detention
during pendency.

Circumstances for Granting Bail

Bail in non-bailable cases is granted based on judicial discretion, guided by:

1. Nature and Gravity of Offence:

o Less severe non-bailable offences (e.g., cheating under Section 318 BNS) are
more likely to result in bail than heinous crimes (e.g., murder).
2. Strength of Evidence:
o Weak or inconclusive evidence supports bail, as the court assesses the
likelihood of guilt (Section 480(1)).
3. Personal Circumstances:
o Age, health, or gender (Section 482) favour bail, such as for elderly or
pregnant women accused.
4. Risk Assessment:
o Bail is granted if the accused is unlikely to abscond, tamper with evidence, or
threaten witnesses, often secured by conditions like reporting to police.
5. Delay in Trial:
o Prolonged detention without trial progress may justify bail, protecting liberty.
6. Public Interest:
o Bail is balanced with societal safety, ensuring no risk to the public.

Relevant Case Laws

1. Gurbaksh Singh Sibbia v. State of Punjab (1980)**:

o Upheld anticipatory bail principles (Section Section 483), emphasizing
judicial discretion.
2. Sanjay Chandra v. CBI (2011)**:
o Supported bail in non-bailable cases with weak evidence or delay (Section
480).

ConclusionBail in non-bailable cases under Sections 480–484 BNSS, 2023, supported by

Form 42, is granted at the court’s discretion when there are no reasonable grounds for guilt,
or for special categories like women or the infirm, considering evidence, offence gravity, and
personal circumstances. Cases like Gurbaksh Singh Sibbia reinforce these principles.
Understanding Bail and Cases Requiring Bail Under BNSS

Introduction the concept of bail, a fundamental principle in criminal jurisprudence that

balances individual liberty with societal safety. Under Chapter XXXIV (Sections 478–496)
of the BNSS, 2023, bail provisions ensure that an accused is not unduly deprived of freedom
while awaiting trial, in line with Article 21 of the Constitution.

Definition of Bail

• Section 478: Bail is the release of an accused person from custody, subject to
conditions, to secure their appearance at trial or inquiry. It involves executing a bond,
with or without sureties, to ensure compliance with court proceedings (Section
478(1)). Bail may be granted before or after arrest, preserving the accused’s liberty
pending judicial determination.
• Purpose: Bail upholds the presumption of innocence, protects against arbitrary
detention, and ensures the accused’s availability for legal processes.
• Types:
o Regular Bail: Granted post-arrest (Section 480).
o Anticipatory Bail: Granted in anticipation of arrest (Section 483).
o Interim Bail: Temporary release pending a final bail decision.
• Form: Form 42 (Bail Bond, First Schedule) is used to formalise the bail agreement,
specifying conditions like court appearances or restrictions on leaving the jurisdiction.
• Example: An accused arrested for theft (Section 303 BNS, 2023) may be released on
bail with a bond ensuring they attend trial.

Cases in Which Bail is to Be Taken

The BNSS, 2023, categories cases for bail based on the nature of the offence—bailable or
non-bailable—as outlined in the First Schedule and governed by Sections 479–480.

1. Bailable Offences (Section 479):

o Definition: Offences listed as bailable in the First Schedule, typically minor
crimes with lighter punishments (e.g., public nuisance under Section 324 BNS,
2023, punishable with fine or imprisonment up to six months).
o When Bail is Taken:
▪ Bail is a right in bailable cases. The accused is entitled to release upon
furnishing a bail bond, with or without sureties, at the police station or
court (Section 479(1)).
▪ The police officer or court must grant bail promptly, ensuring no
unnecessary detention.
o Procedure: The accused executes Form 42, agreeing to appear when
required.
o Example: For voluntarily causing hurt (Section 115 BNS), the accused can
secure bail from the police or magistrate.
2. Non-Bailable Offences (Section 480):
o Definition: Offences listed as non-bailable in the First Schedule, typically
serious crimes like murder (Section 103 BNS), robbery (Section 305 BNS), or
rape (Section 64 BNS), punishable with death, life imprisonment, or over
seven years.
o When Bail is Taken:
 ▪ Bail is discretionary, not a right, and granted by a court based on
specific criteria (Section 480(1)):
▪ Reasonable Grounds: If the court finds no reasonable grounds
to believe the accused is guilty of an offence punishable with
death or life imprisonment (Section 480(1)(i)).
▪ No Guilt Likely: If there are grounds to believe the accused is
not guilty of the charged offence (Section 480(1)(ii)).
▪ Special Circumstances: Bail may be granted considering
factors like age, gender, health, or weak evidence, especially
for women, children under 16, or the infirm (Section 482).
▪ Proviso: For offences punishable with death or life imprisonment, bail
is rarely granted unless exceptional circumstances exist (e.g.,
inconclusive evidence or prolonged detention).
o Procedure: The accused files a bail application, the court hears the
prosecution and defence, and bail is granted with conditions via Form 42.
o Example: Bail may be granted for cheating (Section 318 BNS) if evidence is
weak, but denied for murder with strong prosecution evidence.
3. Anticipatory Bail (Section 483):
o When Taken: If a person apprehends arrest for a non-bailable offence, they
may seek anticipatory bail from the High Court or Sessions Court, which
directs release on bail if arrested (Section 483(1)).
o Conditions: The court imposes terms like cooperating with the investigation
or not tampering with evidence.
o Example: Anticipatory bail for an accused fearing arrest in a fraud case
(Section 318 BNS).
4. Default Bail (Section 187(3)) (Implied in BNSS):

When Taken: If the police fail to file a charge-sheet within the stipulated period (60 or 90
days, depending on the offence), the accused is entitled to bail.Example: Release for non-
filing of a charge-sheet in a robbery case within 90 days.

Decided Case Laws

1. Gurbaksh Singh Sibbia v. State of Punjab (1980):The Supreme Court clarified the
principles of anticipatory bail (Section 483), holding that courts must consider the
nature of the offence, evidence, and risk of absconding. The case emphasised liberal
grant of bail to protect liberty, absent compelling reasons.
o Relevance: Guides discretionary bail decisions in non-bailable cases.
2. Sanjay Chandra v. CBI (2011):The Court granted bail in a non-bailable case (2G
scam, akin to Section 318 BNS) due to weak evidence and trial delays, reinforcing
Section 480’s focus on evidence strength and detention duration.

• Relevance: Supports bail in cases with prolonged pre-trial detention.

ConclusionBail, as defined under Section 478 BNSS, 2023, is the conditional release of an
accused to secure trial attendance, formalised via Form 42. It is a right in bailable cases
(Section 479) and discretionary in non-bailable cases (Section 480), with special provisions
for anticipatory and default bail (Sections 483, 187(3)). Cases like Gurbaksh Singh Sibbia
and Sanjay Chandra underscore the principles of liberty and evidence-based decisions.
Judgment, Its Language, and Contents Under BNSS

Definition of Judgment

• Section 391(1): A judgment is the final decision of a court in a criminal trial or

proceeding, pronounced after considering all evidence, arguments, and applicable
law, determining the accused’s guilt or innocence and specifying the outcome (e.g.,
conviction, acquittal, or sentence). It is delivered in open court, either immediately or
at a notified date, and reflects the court’s reasoning.
• Purpose: To provide a transparent and reasoned resolution, uphold justice, and enable
appellate review.
• Example: A judgment convicting an accused of theft (Section 231 BNS, 2025) details
the evidence, findings, and sentence imposed.

Language of Judgment

1. Section 394: Language and Delivery:

o Provision: The judgment is written in the language of the court, typically
English or the regional language of the state, as determined by local judicial
rules (Section 394(1)). If not in English, a certified English translation may be
prepared for appellate courts (Section 394(2)).
o Delivery: The judgment is pronounced in open court after signing by the
presiding judge, either in full or by reading its operative part, with copies
provided to the accused or parties (Section 394(3)).
o Purpose: Ensures accessibility, comprehension, and procedural fairness for all
stakeholders.
o Example: A judgment in a Delhi court may be in English, while one in Tamil
Nadu may be in Tamil, with translations for appeals.
o Form: Form 40 (Judgment, First Schedule) standardises the format.
2. Clarity Requirement:
o The language must be clear, concise, and free of ambiguity to enable
understanding by the accused, counsel, and appellate authorities.
o Example: A judgment for criminal breach of trust (Section 244 BNS) uses
precise terms to describe the offence and reasoning.

Contents of Judgment (Sections 391–393 BNSS)

1. Section 391: Contents of Judgment:

o Mandatory Elements (Section 391(2)):
▪ Point(s) for Determination: Issues the court must decide (e.g.,
whether the accused committed murder under Section 83 BNS).
▪ Decision Thereon: The court’s findings on each issue (e.g., guilty or
not guilty).
▪ Reasons for Decision: A concise explanation of evidence analysis,
witness credibility, and legal principles applied.
o Outcome:
 ▪ Conviction: Specifies the offence, section (e.g., Section 231 BNS),
and sentence (e.g., imprisonment, fine).
▪ Acquittal: States reasons for finding the accused not guilty.
o Example: A judgment for robbery (Section 233 BNS) lists evidence like
victim testimony, finds guilt, and imposes three years’ imprisonment.
2. Section 392: Metropolitan Magistrate’s Judgment:
o Provision: In summary trials or minor cases, a Metropolitan Magistrate may
record a brief judgment, omitting detailed points but including essential
findings and reasons (Section 392).
o Example: A brief judgment for public nuisance (Section 252 BNS) notes the
offence and fine imposed.
3. Section 393: Order for Compensation:
o Provision: The judgment may include orders for victim compensation under
Section 406, detailing amounts and payment terms (Section 393).
o Example: A judgment for assault (Section 95 BNS) orders ₹10,000
compensation to the victim.
4. Additional Requirements:
o Date and Signature: The judgment is dated and signed by the presiding judge
(Section 391(3)).
o Specificity for Sentences: For convictions, the judgment specifies the
punishment, such as imprisonment term, fine, or both (Section 391(2)).
o Form: Form 40 ensures uniformity, including sections for findings, reasons,
and orders.
5. Special Cases:
o Death Sentences: Must include a reference to High Court confirmation
(Section 369).
o Plea of Guilty: If the accused pleads guilty, the judgment records the plea and
sentence (Section 252).

Relevant Case Laws

1. Iqbal Ismail Sodawala v. State of Maharashtra (1974):

o The Supreme Court emphasized that judgments must contain clear reasons and
findings (Section 391), ensuring transparency.
o Relevance: Guides content requirements.
2. State of Punjab v. Jagdev Singh Talwandi (1984):
o Stressed that judgments must be in the court’s language and accessible,
supporting Section 394.
o Relevance: Reinforces language clarity.

Conclusion

A judgment under Sections 391–394 BNSS, 2025, is a court’s final decision, written in the
court’s language (Section 394) and containing points for determination, decisions, reasons,
and outcomes (Section 391), formalized via Form 40. Cases like Iqbal Ismail Sodawala and
State of Punjab v. Jagdev Singh Talwandi underscore the need for clarity and reasoning.