Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court
1 month, 3 weeks ago

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

Live Law  

The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners. He pleaded before the Court to suspend his sentence as per the first proviso of Section 479 of BNSS. “The Apex Court as per the aforesaid order has extended the benefit of the first proviso to Section 479 BNSS with retrospective effect only to under-trial prisoners. When the Apex Court is presently seized of the matter and is monitoring implementation of Section 479 BNSS, propriety demands that this Court refrain from interpreting and passing orders regarding its applicability to convicted prisoners retrospectively.” Accordingly, the application was dismissed.

Prisoners Court His Sentence Bnss Section 479 Convicted Prisoners First Proviso Section 479 Bnss 479 Retrospectively To Convicted Prisoners  undertrial  applied  high  period  prisoners  convicted  proviso  benefit  court  sentence  479  retrospectively  kerala  bnss

History of this topic

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
1 week, 5 days ago

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that the provisions of Section 47 of Bharatiya Nagarik Suraksha Sanhita are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid. The petitioner had approached the High Court contending that the remand of the detenue by the Magistrate was …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025
1 month, 2 weeks ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025

Live Law  

Supreme Court: Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS Sections Case Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P. S.187 BNSS | Supreme Court Affirms HC Judgment That Police Custody Must Be Within First 40 Days For Offences Punishable Upto 10 Yrs Imprisonment Case : Hyder Ali v.State of Karnataka The …

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC
1 month, 3 weeks ago

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

Live Law  

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. The Court was informed that while the bail application was filed by him …

S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court
3 months, 1 week ago

S.187 BNSS | Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment : Karnataka High Court

Live Law  

The Karnataka High Court has held that as per Section 187 of the Bharatiya Nagarik Suraksha Sanhita, the 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment It clarified that the phraseology used in Section 187 BNSS is an offence punishable "for ten years or more", …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Live Law  

Supreme Court: Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. Jammu & Kashmir High Court: Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court Case Title: Ajeet Kumar Vs UT Of J&K Citation: 2024 LiveLaw 320 Criticising the growing trend of directly approaching the High Court …

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
3 months, 3 weeks ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme Court
4 months ago

Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme Court

Live Law  

The Supreme Court on Tuesday directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023. “Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 2 weeks ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

SC fast-tracks process for release of undertrials under new criminal laws
7 months ago

SC fast-tracks process for release of undertrials under new criminal laws

Hindustan Times  

New Delhi: The Supreme Court on Friday fast-tracked the premature release of undertrials and first-time offenders who have completed half or one-third of their maximum sentence by directing the jail superintendents across the country to process applications of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita within two months. This comes after the Centre on Friday informed …

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
7 months ago

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

Live Law  

In a significant development, the Supreme Court today held that Section 479 of Bharatiya Nagarik Suraksha Sanhita - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS,. As per Section …

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court
2 years, 7 months ago

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that the policy of the state government with respect to premature release of prisoners, applicable to the relevant claim, would be the policy as applicable, at the time of verdict of conviction and sentence. It is trite law, that the policy applicable to the relevant claim, would be the policy as applicable, at …

Sister Abhaya Murder Case : Kerala High Court Seeks State's Response On Plea Challenging Parole Granted To Convicts
3 years, 8 months ago

Sister Abhaya Murder Case : Kerala High Court Seeks State's Response On Plea Challenging Parole Granted To Convicts

Live Law  

The Kerala High Court on Monday asked the State to file a statement while hearing the petition seeking immediate withdrawal of parole granted to the convicts in the Sister Abhaya murder case. The Division Bench of Justices K. Vinod Chandran and Ziyad Rahman A.A while issuing notice, sought the response of the concerned authorities in the matter. The writ petition …

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]
4 years, 8 months ago

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]

Live Law  

A three judge bench headed by Justice UU Lalit has referred to a larger bench an important legal issue about the validity of Haryana Government's policy allowing premature release of life convicts aged above 75 which overrides Section 433A of Code of Criminal Procedure. "Whether in exercise of power conferred under Article 161 of the Constitution a policy can be …

Benefit U/s 427 CrPC Can Be Claimed Only Before The Court Dealing With The Subsequent Offences: Kerala HC [Read Judgment]
4 years, 8 months ago

Benefit U/s 427 CrPC Can Be Claimed Only Before The Court Dealing With The Subsequent Offences: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that the benefit under Section 427 of the Code of Criminal Procedure can be claimed only before the Court dealing with the subsequent offences. Before the High Court, one of the main contentions of the appellant was that he was subsequently convicted by the same court for another offence under the Narcotic Drugs and …

COVID-19 : Kerala Govt Constitutes High Level Committee To Recommend Grant Of Parole/Interim Bail To De-Congest Prisons
5 years ago

COVID-19 : Kerala Govt Constitutes High Level Committee To Recommend Grant Of Parole/Interim Bail To De-Congest Prisons

Live Law  

Following SC directions, Kerala Government has constituted a High Level Committee to recommend grant of parole/interim bail to convicts/under-trials in offences punishable with less than 7 years, to de-congest prisons in view of COVID 19 pandemic.The Committee comprising Chairman of State Legal Services Committee, Additional Chief Secretary, and Director General of. Following SC directions, Kerala Government has constituted a High …

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction
6 years, 1 month ago

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction

Live Law  

The Supreme Court recently upheld the Madras High Court ruling that irrespective of the nature of the offence committed, if a prisoner is a life convict, he will be eligible as per the Tamil Nadu Prison Rules, 1983, for consideration for premature release on his completing 14 years of actual imprisonment. However, the bench comprising CJI Ranjan Gogoi, Justice L …

Kerala HC Full Bench Quashes Government Order That Allowed Premature Release Of 209 Prisoners [Read Judgment]
6 years, 2 months ago

Kerala HC Full Bench Quashes Government Order That Allowed Premature Release Of 209 Prisoners [Read Judgment]

Live Law  

The High Court of Kerala quashed a 2011 state government order which directed premature release of 209 prisoners who had then completed 10 years or more in jail.The full bench of the High Court comprising Chief Justice Hrishikesh Roy, Justice K. Abraham Mathew, and Justice AK Jayasankaran Nambiar also directed that the proposal for premature release of 209 Prisoners shall …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the …

Discover Related