Definition Of Victim In BNSS Doesn't Cover Loss/Injury To Persons In The Past, Can't Prosecute Accused In Subsequent Cases: Madhya Pradesh HC
Live LawThe Jabalpur Bench of Madhya Pradesh High Court recently clarified that the definition of 'victim' under Section 2 of BNSS does not cover the loss or injury suffered by any person in the past at the behest of the accused and thus, such persons cannot be allowed to object in subsequent cases filed against the accused by some other victim. If the interpretation as proposed by the objector is taken into consideration for sake of assumption, it would open the flood gates of the litigation and the victims in past all cases will automatically be entitled to raise objection against the accused persons in the subsequent cases which are lodged against the accused persons despite the fact that such victim has no nexus with the subsequent act and has not suffered any losses or injury by the subsequent act of the same accused.” The present application was filed under Section 339 of Bhartiya Nagarik Suraksha Sanhita, 2023/Section 301 of Code of Criminal Procedure, 1973. Merely the objector in past had lodged the FIR against the present applicant, does not entitle the objector to intervene in every case which is filed against the applicant.”, the Court said. If the objector's interpretation of Section 2 is considered, it would open flood gates of the litigation as victims will be automatically be entitled to raise objections in any new cases against the accused.
History of this topic
Lodging FIR After Advocate Is Threatened Upon Appearing For Client Is Not Misuse Of Advocacy: Madhya Pradesh HC
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S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
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