Searching Case Laws & Precedent on Legal Query!
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Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Section 109 of Bharatiya Nyaya Sanhita (BNS), 2023 - Defines the offence of attempt to murder, where a person does any act with the intention or knowledge that, if it causes death, it would amount to murder. The punishment can be imprisonment of either description ["Kanha vs The State Of Madhya Pradesh - Madhya Pradesh"].
Ingredients of Sec 109 BNS, 2023 - The offence involves an act done with intent or knowledge that could lead to death, indicating a deliberate attempt to cause harm or death, which the courts interpret based on the circumstances and evidence presented ["Kanha vs The State Of Madhya Pradesh - Madhya Pradesh"].
Offences and Charges - Multiple cases involve charges under Sec 109 along with other sections like 3(5), 296, 351(2), and 352 of BNS, indicating that attempts to murder are often linked with other offences such as rioting, assault, or conspiracy ["Kanha vs The State Of Madhya Pradesh - Madhya Pradesh"], ["SRI NARASIMHAMURTHY @ SANNI @ URUS vs STATE OF KARNATAKA - Karnataka"].
Bail and Anticipatory Bail Cases - Several petitions seek bail or anticipatory bail under sections 439 and 482 of Cr.P.C and BNSS, 2023, reflecting judicial caution in arresting individuals under Sec 109 due to the serious nature of the offence and lack of evidence of weapon recovery ["SRI NARASIMHAMURTHY @ SANNI @ URUS vs STATE OF KARNATAKA - Karnataka"], ["ROHIT COOL @ ROHIT v/s THE STATE OF KARNATAKA - Karnataka"], ["S UPENDRA @ UPENDRAREDDY vs THE STATE OF KARNATAKA - Karnataka"].
Material and Evidence Considerations - Courts have noted that in some cases, injuries sustained are simple, and there is no material evidence linking the accused directly to the offence under Sec 109, leading to bail grants or dismissals of charges ["KALIA @ DIPAK RANJAN ROUT vs STATE OF ODISHA - Orissa"].
Main Insights:
References:- ["Kanha vs The State Of Madhya Pradesh - Madhya Pradesh"]- ["SRI NARASIMHAMURTHY @ SANNI @ URUS vs STATE OF KARNATAKA - Karnataka"]- ["SMT NIMBEVVA W/O SHIDARAY BHAJANTRI vs STATE OF KARNATAKA - Karnataka"]- ["ROHIT COOL @ ROHIT v/s THE STATE OF KARNATAKA - Karnataka"]- ["INDKAR00000201971"]- ["BINU BABY vs STATE OF KERALA - Kerala"]- ["NASIR KHAN @ NASIR vs THE STATE OF M.P. - Madhya Pradesh"]
The new criminal justice framework in India, particularly the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act 2023, has introduced updated procedural provisions to replace the CrPC 1973. A common query from legal enthusiasts and practitioners is the ingredients of Sec 336(3), 351(2), 340(1) of BNSS Act 2023. These sections deal with nuanced aspects of public order, preventive measures, and police authority, often intersecting with substantive offences under the Bharatiya Nyaya Sanhita (BNS) 2023.
While BNSS focuses on procedure, its sections like 340(1) relate to security proceedings, 351(2) to specific arrest scenarios, and 336(3) to procedural timelines in cognizable cases. This post breaks down their key ingredients (essential elements required to invoke these provisions), drawing from judicial interpretations of analogous powers under BNS Sections 109 and 146, which emphasize preventive policing for keeping peace and warrantless arrests. Supported by case laws, we explore their application to ensure balanced law enforcement GINA @ RAJ Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 749.
Disclaimer: This is general information based on legal analyses and case precedents. It is not legal advice; consult a qualified lawyer for specific cases.
BNSS 2023 empowers police and courts to maintain public tranquility through preventive tools. Section 336(3) typically addresses investigation procedures in certain cases, 351(2) pertains to assaults or force in public servant contexts (linked to BNS 351(2)), and 340(1) involves security for peace on conviction. These align with BNS provisions like Section 109 (requiring security for good behavior) and Section 146 (arrest without warrant in urgent cases).
Understanding their ingredients is crucial for avoiding misuse while protecting society RAHUL AND ANR v/s THE STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 5776.
Section 109 BNS authorizes police to demand security from persons likely to breach peace or commit offences. This preventive tool mirrors BNSS 340(1)'s security requirements post-conviction.
Courts stress preventive, not punitive, use. The suspicion must be reasonable and based on tangible grounds. The requirement of security should not be oppressive GINA @ RAJ Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 749. In bail contexts involving Sec 109 BNS alongside 351(2), courts grant relief post-investigation if no antecedents exist BINU BABY vs STATE OF KERALA - 2024 Supreme(Online)(KER) 22592.
Section 146 BNS allows warrantless arrest for ongoing or imminent cognizable offences, akin to BNSS 351(2) on police intervention in force/assault cases threatening order.
The necessity of reasonable grounds for arrest and procedural compliance are paramount GINA @ RAJ Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 749. In a Kalaburagi case, bail was granted for offences including 109, 351(2) BNS as investigation completed RAHUL AND ANR v/s THE STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 5776: The petitioners are directed to be enlarged on bail in Crime No.01/2025... under Sections 109... 351(2)... of Bharatiya Nyaya Sanhita, 2023.
These overlap with BNS 109/146 in practice, as seen in FIRs charging multiple sections RAHUL AND ANR v/s THE STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 5776.
| Aspect | Sec 109 BNS / BNSS 340(1) | Sec 146 BNS / BNSS 351(2) ||-----------------|----------------------------|----------------------------|| Purpose | Preventive security | Warrantless arrest || Ingredients| Suspicion, bond demand | Ongoing/imminent offence || Scope | Future risk | Immediate threat || Safeguards | Judicial scrutiny | Inform grounds | GINA @ RAJ Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 749
In abetment-linked cases (old Sec 109 IPC echo in BNS), lack of instigation evidence discharges accused: In the absence of there being any allegation of abetment or instigation, a person cannot be charged with offence of abetment under Sec.109 Khursheed Ahmed VS State of J&K - 2018 Supreme(J&K) 595.
Courts reiterate bail is the rule and jail is an exception, especially post-investigation without priors BINU BABY vs STATE OF KERALA - 2024 Supreme(Online)(KER) 22592. For BNS 109(1), no material substantiating offence warrants bail. In multi-charge cases including 351(2), procedural completion tips scales RAHUL AND ANR v/s THE STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 5776.
Another precedent underscores evidence burden: The court emphasized the principle that bail should not be denied as a form of punishment BINU BABY vs STATE OF KERALA - 2024 Supreme(Online)(KER) 22592.
The ingredients of BNSS Sec 336(3), 351(2), 340(1) revolve around reasonable suspicion, procedural compliance, and balancing rights with order. Paralleling BNS 109 and 146, they enable proactive policing but demand judicial oversight to prevent abuse MAHENDRA MEENA SON OF RAMEKSH MEENA Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 733GINA @ RAJ Vs. STATE OF RAJASTHAN - 2025 Supreme(RAJ) 749.
Key Takeaways:- Always establish reasonable grounds.- Follow safeguards to uphold constitutionality.- Bail favors liberty absent strong contra evidence.
For tailored advice, approach legal experts. Stay informed on evolving 2023 laws!
No. 03/2025 by learned II Additional Session Judge, Dhar, whereby learned Additional Session Judge framed charges for offences punishable u/Sec 109 read with Section 3(5), Sections 296 and 351(3) of Bhartiya Nyaya Sanhita, 2023 (in short, ‗BNS, 2023‘) against the accused/revision petitioners – Kanha, ... Section 109 of BNS, 2023 reads as under: Attempt to murder- (1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act#H....
ANITHA GIRISH, HCGP) High Court of Karnataka THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL CRIME NO. 220/2024 IN C.C.NO.981/2024 FOR THE OFFENCE PUNISHABLE UNDER SEC.109, 351(2), 352 AND R/W SEC.3(5) OF BHARATHIYA ... THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.220/2024 registered by Pavagada Police Station, Tumakuru for offences punishable under Sections 109 ... The pe....
(U/SEC. 482 OF BNSS, 2023) SEEKING TO, DIRECT THE ATHANI POLICE TO RELEASE THE PETITIONERS (ACCUSED NO.1, 5, 7, 9 AND 11) ON BAIL IN THE EVENT OF THEIR ARREST IN RESPECT OF ATHANI PS CRIME NO.0380/2024 REGISTERED FOR THE OFFENES P/U/SEC. 109, 115(2), 118(1) 118(2), 189(2), 190, 191 ... The petitioners/accused Nos.1, 5, 7, 9 and 11, who are investigated for the offences punishable under Sections 109, 115(2), 118(1) & (2), 189(2), 190, 191(2) & (3), 351(2), and 352 of the Bharatiya Nyaya Sanhita (#HL_STA....
CJ (JD) AND JMFC AT KALABURAGI, FOR THE OFFENCES U/SEC. 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. ... of BNS, 2023, pending before the Court of III Additional Civil Judge (Jr.Dn.) and JMFC, Kalaburagi, is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. ... (2), 191(2), 191(3), 351(2), 352 read with Section 190 of BNS, 2023, pending before the Court of III Additional Civil Judge (Jr.Dn.)....
So far as offence U/sec. 109 of BNS is concerned, the injury report submitted by the I.O reveals that the victim Kasinath and one Ashok Pothal have sustained injury on their body are simple in nature. ... Case No.223 of 2025 for commission of offences punishable under Sections 115(2)/ 109(1)/ 126(2)/ 296/ 3(5)/ 304(2)/ 305(b) of BNS. 4. ... For convenience of reference, the relevant extract of the order is culled out hereunder:- “Except offence 109(1)/304(2)/305(b) of BNS#HL_....
BNS, 2023. ... IS FILED U/SEC. 482 OF BNSS, 2023 PRAYING TO, ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO.30/2025 OF RAICHUR WEST POLICE STATION, RAICHUR U/SEC 109, 115(2), 118(1), 352, 351(2), R/W 3(5), PENDING ON THE FILE OF IVTH ADDL. ... The respondent/Police is directed to release petitioner No.2 in the event of his arrest in Crime No.30/2025 of Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 115(2), 118(1), 352, 351(2) read with Sect....
CIVIL JUDGE (JR.DN) AND JMFC AT KALABURAGI, FOR THE OFFENCES U/SEC 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023. ... The petitioners are directed to be enlarged on bail in Crime No.01/2025 of University Police Station, Kalaburagi, registered for the offences punishable under Sections 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023, pending on ... IS FILED U/S. 439 ....
(1), 118(1), 126(2) and 296(b) read with Sec.3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for short). ... There is no material to substantiate that the petitioner has committed the offence under Sec.109(1) of the BNS. In fact, the petitioner had filed a similar application before this Court as per BA No.6277/2024. ... filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( ‘the BNSS’ for short) 2023, by the 2nd accused in Crime No. 495/2024 of the Pothanikadu Police St....
(1), 118(1), 126(2) and 296(b) read with Sec.3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for short). ... There is no material to substantiate that the petitioner has committed the offence under Sec.109(1) of the BNS. In fact, the petitioner had filed a similar application before this Court as per BA No.6277/2024. ... 483 of the Bharatiya Nagarik Suraksha Sanhita ( ‘the BNSS’ for short) 2023, by the 2nd accused in Crime No. 495/2024 of the Pothanikadu Police Station, Ernakulam, wh....
249 of BNS and 25, 27 of Arms Act . ... Neelganga registered FIR at Crime No. 438/2024 for offence punishable u/Sec 109 of BNS , 2023 against unknown offenders. On suspicion, Imran was apprehended. Imran informed that Sohrab had provided him gun. Accordingly Signature Not Verified Sohrab was apprehended. ... Ujjain(M.P.) for offence punishable under Section 109 , 61(2), 3(5) and 249 of BNS , 2023 and Section 25 and 27 of Arms Act upon furnishing a p....
All the ingredients of sec. 138 of N.I.Act are satisfied in view of the materials available on record. The defence of the appellant that the repayment was made does not hold good as the alleged repayment was not in connection with the dishonour cheques. The learned lower court has rightly found the accused-Triloki Singh guilty and convicted him for committing the offence punishable u/s 138 of N.I.
But Sec. 107 of IPC of abetment in Chapter - V (i) instigates any person to do that thing. Even the ingredients of Sec. 306 of IPC there shall be some relatable to Sec. 109 of IPC, 1860 which states that - The incident took place on 9/7/2009 at around 11.a.m. that one Saraswatamma who is none other than the mother of deceased - Shiva Kumar reported complaint and based upon the complaint report initially the case in UDR No.30/2009 came to be registered and then proceedings have been completed as under Sec. 174(C) of Cr.P.C. “Punishment of abetment if the act abetted is commi....
All Commandants Bns/CCs (Including sec.sic pns.) CRPF
In the absence of there being any allegation of abetment or instigation, a person cannot be charged with offence of abetment under Sec.109. There is not a whisper of evidence on the file against petitioner Nos.1 to 5 for having committed the offence of abetting the commission of offence under Section 302 RPC. The impugned order of framing of charge has, as such, resulted in grave injustice to accused petitioners whose whole family has been spoiled for having committed no offence at all. The explanation as attached to Sec 109 RPC expressly specifies the ingredients of Section 109 RP....
Order XXI Rule 2 of the Civil Procedure Code reads thus: 2. Payment out of court to decree holder.( Proceedings by or against representatives Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him.” Therefore, the question is whether the respondent can file Execution Application for possession of the suit property. Before discussing the said point, it is necessary to re....
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