Supreme Court To Hear Petitions Challenging Provisions of the BNSS and BNS on December 18

On December 02, 2024, the Supreme Court (SC) bench of Justice Surya Kant and Justice Ujjal Bhuyan directed that the writ petitions challenging certain provisions of the BNSS (Bharatiya Nagarika Suraksha Sanhita, 2023) and BNS (Bharatiya Nayaya Sanhita) will be heard on December 18, 2024. The two-judge bench was hearing two writ petitions filed by the Mannargudi Bar Association and a retired BSF Commandant, Azad Singh Kataria. The writ petition filed by the Mannargudi Bar Association challenges the constitutionality of 4 provisions of the BNSS, Section 43(3) (Handcuffing), Section 107 (attachment, forfeiture of property), Section 223 (non-taking of cognizance in a complaint case without opportunity of hearing to accused) and Section 356 (trial in absence of accused). Whereas, the other writ petition by a retired BSF commandant challenged Section 111 of BNS (Offence of Organized Crime), Section 113 of BNS (Offence of Terrorist), Section 152 of BNS (sedition), Section 173(3) of BNSS (Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer-in-charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police…), Section 187(3) of BNSS (related to ‘Procedure when investigation cannot be completed in twenty-four hours), and Section 223 of BNSS (Examination of the complainant).