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Anjanna Kammari vs The State of Telangana - Telangana
"], ["2025 Supreme(Online)(AP) 10834"], ["2025 Supreme(Online)(AP) 10833"].There are references to the legal framework, including Sections 3 and 4 of the Dowry Prohibition Act, which prescribe punishments of less than seven years, indicating the nature of some charges ["2025 Supreme(Online)(Tel) 16184"].
Analysis and Conclusion:
Anjanna Kammari vs The State of Telangana - Telangana
"].References:- 2025 Supreme(Online)(Ori) 2620- 2025 Supreme(Online)(Gau) 7109- INDRJ00000025083-
Anjanna Kammari vs The State of Telangana - Telangana
- 2025 Supreme(Online)(AP) 10834- 2025 Supreme(Online)(AP) 10833- 2025 Supreme(Online)(Tel) 16184
In the evolving landscape of Indian criminal law, the Bharatiya Nyaya Sanhita, 2023 (BNS) has introduced streamlined provisions for investigations, notices, and arrests. A common query among legal practitioners, accused persons, and investigators is: What's the situation where Section 84 of BNS is applicable? While the reference may intend Section 85 of BNS, particularly Section 85-B, this section deals with procedural notices for recovery of damages and penalties, emphasizing discretion over automatic actions. This blog post breaks down its applicability, procedures for non-compliance, timelines, and judicial interpretations, drawing from key legal findings. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
The framework under
Key points include:- No Automatic Arrest: Mere failure to comply doesn't compel detention; the agency decides based on investigation needs 2025 6 Supreme 227.- Section 85(6) Role: It mandates a reasoned opinion on arrest necessity post-notice, avoiding rigid rules 2025 6 Supreme 227.- Flexible Timelines: No strict deadlines for issuing notices under Section 85-B; focus is on reasonableness 2025 6 Supreme 227.
This approach balances efficiency with rights protection, preventing misuse.
Section 85-B is an enabling provision for recovering damages and imposing penalties in offenses. Notices from the Investigating Agency are procedural safeguards, not traps for automatic arrest. Section 85-B of the Bharatiya Nyaya Sanhita, 2023, provides an enabling provision for the recovery of damages and the imposition of penalties 2025 6 Supreme 227. The agency assesses if arrest aids the probe, promoting fairness.
In practice, this applies in cases involving property damage, economic offenses, or non-compliance scenarios where recovery is sought alongside investigation.
Upon non-response, Section 85(6) states: Non-compliance with a notice does not ipso facto mandate arrest, as there lies a discretion with the Investigating Agency, which must be of the opinion that the arrest of the concerned person is necessary for the purpose of investigation 2025 6 Supreme 227. This underscores judicial oversight and prevents hasty actions, aligning with principles from cases like Arnesh Kumar v. State of Bihar.
Related judgments reinforce this. For instance, in a case involving Sections 85 and 351(2) of BNS, the court emphasized procedural compliance under Section 35(3) of BNSS and rights of the accused, disposing of a quashment petition while mandating appearance before the Investigating Officer 2025 Supreme(Online)(Tel) 16291.
Unlike provisions mandating 15- or 30-day responses, Section 85-B lacks fixed timelines. The law does not prescribe a strict timeline for issuing a notice under Section 85-B; instead, the focus is on the exercise of discretion by the investigating authority 2025 6 Supreme 227. Notices must be timely to ensure due process, with delays potentially challengeable via judicial review.
Exceptions highlight limits:- Notices should issue promptly post-Section 35(3) information for fairness.- Indefinite delays violate good faith; courts expect reasonableness 2025 6 Supreme 227.
In bail contexts, such as under Sections 85, 115(2), 3(5), 351(2), courts grant relief considering age, generalized allegations, and cooperation, noting anticipatory bail where direct involvement is unclear 2025 Supreme(Online)(Bom) 6556.
Courts view Section 85-B as facilitative, not punitive by default. The courts have consistently held that the procedural provisions under Section 85-B are meant to facilitate effective investigation and recovery, not to impose mandatory timelines or automatic consequences for non-compliance 2025 6 Supreme 227. This flexibility curbs harassment.
Comparative views from other domains, like the Employee State Insurance Act's Section 85-B, show similar discretion for sick units, where notices were quashed due to financial distress and prior payments, advising consideration of provisos 2022 0 Supreme(Mad) 95. Though distinct, it illustrates discretionary notice application.
In property offenses under Chapter XVII BNS (Sections 329-333), courts impose bail conditions like damage deposits, linking accountability to procedural fairness 2025 0 Supreme(Ker) 136. For Sections 126(2), 115(2), etc., bail with compensation deters vandalism, mirroring BNS discretion 2025 0 Supreme(Ker) 136.
While discretion dominates:- Timeliness Implicit: Delays may invite review for fairness.- Good Faith Required: Arbitrary actions risk quashing, as in prior Section 85-B notices overturned 2022 0 Supreme(Mad) 95.
Recommendations for stakeholders:- Agencies: Issue notices promptly under Section 35(3); document arrest rationale.- Accused: Cooperate; challenge via courts if rights infringed.- Seek Review: For delays or overreach, approach higher courts 2025 6 Supreme 227.
In transfer or deputation cases tangentially referencing BNS deployments, courts limit interference absent mala fides, prioritizing administrative needs 2019 0 Supreme(Pat) 196.
Section 85-B of BNS applies in investigative scenarios needing notices for compliance, recovery, or penalties, but non-compliance doesn't auto-arrest—discretion rules. No rigid timelines exist; reasonableness governs. In summary, the law under Section 85-B of the Bharatiya Nyaya Sanhita, 2023, establishes that notices issued by the Investigating Agency are procedural and that non-compliance does not compel automatic arrest 2025 6 Supreme 227.
Understanding this empowers better navigation of BNS procedures. Stay informed on updates, as interpretations evolve. This overview is for educational purposes; professional advice is essential for case-specific guidance.
References:- 2025 6 Supreme 227: Core clarifications on discretion, non-compliance, and timelines.- 2025 Supreme(Online)(Tel) 16291: Procedural compliance in Sections 85/351(2).- 2025 Supreme(Online)(Bom) 6556: Bail under related BNS sections.- 2025 0 Supreme(Ker) 136: Bail conditions in property cases.- 2022 0 Supreme(Mad) 95: Discretion in analogous Section 85-B notices.
#BNSSection85, #LegalNoticeBNS, #ArrestDiscretion
Case No.130 of 2025 pending in the Court of learned J.M.F.C (G.N) Rajnagar, for commission of offences punishable under Sections 80(2)/85/103(1)/3(5) of BNS read with Section 4 of D.P. Act . 5. ... It is submitted by the learned counsel that omnibus allegations regarding the demand of dowry have been made and even if the prosecution case is accepted at its face value no case under Section 103(1) of BNS is made out. Hence, ....
Case No. 66/2025 under Section 296 /351(3)/79/85 of BNS . ... Case No. 66/2025 under Section 296 /351(3)/79/85 of BNS , 2023, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. 10. ... A report was called for regarding registration of any case against the petitioners seeking the protection of anticipatory bail. 3. ......
It is argued that initially the FIR was lodged against five persons for the offences under Sections 80(2) and 85 of BNS. ... The petitioner has been arrested in connection with FIR No. 378/2024 registered at Police Station Sikri, District Deeg for the offence(s) under Sections 85 and 80(2) of BNS. ... Police after thorough investigation did not find commission of offences under Sections 80(2) and 85 of th....
Since, notice under Section 3 5 (3) of Sections 85 , 351 (2) of Bharatiya Nyaya Sanhita, 2023 (for short “ Sections 85 and 351 (2) of BNS , 2023 and Sections 3 , 4 and 6 of the Sections 85 and 351 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ a href="./..
Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) BNS S ’) by the petitioners/accused Nos.2 to 6 and 8 seeking to quash the proceedings against them in Crime No.84 of 2025 on the file of Raikode Police Station, Sangareddy District, registered for the alleged offences punishable under Sections 3
BNS S alleging the commission of the offences punishable under Sections 115 , 351(2), 352, 85, 76, 74, 49 of BNS , 2023, and Sections 3 and 4 of the Bharatiya Nyaya Sanhita ( BNS ) Act-2023 & Sec.3 & 4 of the 528 of BNSS with the following prayer: “Therefore, it is most humbly prayed that, the Hon’ble Court may kindly be pleased to quash the entire proceedings in Private complaint registration in PCR No.....
Bharatiya Nyaya Sanhita , she shall be released on executing P.B. and S.B. of Rs.15,000/- with one surety in the like amount. ... It is further alleged that, on the same day, the informant’s brother, Shivram, also received a call from the deceased regarding the demand of Rs.5,00,000/-. ... Learned counsel for informant {3} brought to the notice of this Court photographs of deceased in hanging condition and would submit that the photographs ....
1 Town, Palanadu District Erstwhile Guntur District U/Sec 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition. ... 1 Town, Palanadu District Erstwhile Guntur District U/Sec: 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition. ... It is submitted that the petitioners are falsely im....
In such circumstances, complaint under Section 85 of the BNS could not have been filed against the petitioners. ... 1 Town, Palanadu District Erstwhile Guntur District U/Sec 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition. ... 1 Town, Palanadu District Erstwhile Guntur District U/Sec: 85, 74, 351(2), 119(1), R/w.3(5) of #HL_STAR....
BNS ’) and Sections 3 & 4 of Dowry Prohibition Act , which attracts punishment of less than seven years.
7. Chapter XVII of BNS deals with the offences against property. Section 329 to 333 of BNS deals with Criminal trespass. Criminal trespass and house trespass are defined in Section 329(1) and (2) of BNS respectively. Section 329(2) BNS says that, whoever commits criminal trespass by entering into or remaining in any building, tent, or vessel used as a human dwelling or any building used as a place of worship, or as a place for the custody of property is said to commit house-t....
Already, 85(B) notice was quashed for the period from 11/06 to 03/07 in E.S.I.O.P. No.9 of 2012 on 21.08.2012. 9. Already, the respondent/petitioner's unit is a sick unit. Previously, Section 85-B notice also quashed by the E.S.I. The unit was decided to declare as sick unit in the year 2013. No proof and pleadings for action taken against the order in E.S.I.O.P.No.9 of 2012.
(ii) Newly appointed S.Os/Constables should invariably be posted to duty Bns deployed in SOZ, CoBRA & LWE Bns. They shall not be posted or attached to soft field area and peace stations. In case it is not possible, then they should be posted to duty Bns deployed in Kashmir/N.E. difficult interior areas.
Inspite of the service of the said notice, the respondents failed to give any response. It is further stated by the petitioner that since there was some error regarding the outstanding amount in the notice dated 6th November, 2015, the petitioner issued Corrigendum Notice dated 23rd February, 2016 thereby correcting the outstanding amount as Rs. 66,66,678/-.
"Subject: Reg. Designation of 1st and 6th IR Bns. as Excise and Taxation Bns. As such, the officials posted in these Bns. only will be sent on deputation to Excise and Taxation department henceforth. 4. Order Annexure P-3 issued from the Office of Director General of Police, Chandigarh addressed to the Commissioner, Excise and Taxation Department reads as under:- It has been decided to designate 1st and 6th IR Bns. as Excise and Taxation Bns with immediate effect.#H....
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