The Supreme Court has allowed a comprehensive hearing of Writ Petitions challenging the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the Mannargudi Bar Association and Azad Singh Kataria, a retired BSF Commandant. The bench of Justice Surya Kant and Justice Ujjal Bhuyan will be hearing the petitions on 18th December, 2024.

The first petition challenges the constitutional validity of four provisions : Sections 43(3) (Handcuffing), 107 (attachment, forfeiture of property), 223 (non-taking of cognizance in a complaint case without opportunity of hearing to accused) and 356 (trial in absence of accused) of the BNSS.

The second petition challenges, Sections 111 and 113, BNS - which introduces the offences of Organised Crime and Terrorist Act; Section 152 (which reintroduces offence of sedition), Section 173(3) BNSS (provision confers unfettered discretion on the police to pick and choose when an FIR may be registered based on preliminary enquiry in complaints involving punishment ranging from 3-7 years) and Section 187(3) BNSS (does away with a maximum 15 days of police custody and thereby, nullifying safeguards against police excesses and an undertrial's right under Art. 21) and Section 223 of the BNSS creates a discriminatory distinction between Complaint-based cases and those initiated by FIR, allowing an accused in Complaint based cases to be heard before cognizance of the offence by the concerned magistrate.

Case Details: Mannargudi Bar Association V. Union Of India And Ors.,W.P.(C) No. 625/2024 And Azad Singh Kataria V. Union Of India W.P.(Crl.) No. 461/2024