Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Usage in Cases - Post-July 2024 cases invoke Section 106 or 106(1) (e.g., FIR dated 16.09.2024 under Sections 281/106; negligence under 106(1); substitution from 106 to 105), consistent with 106(1) being in force but not addressing 106(2). ["Abdus Saleem vs The State of Tamil Nadu - Madras"] ["SOURABH SINGH ALIAS SAURBH SINGH VS STATE OF CHHATTISGARH - Chhattisgarh"] ["UJJAWAL SHARMA Vs GOVT OF NCT OF DELHI - Delhi"]
Analysis and Conclusion - Section 106(2) of BNS 2023 has not come into force, as it is expressly excepted from the 1.07.2024 enforcement date; no sources indicate subsequent notification or activation. References to Section 106 in 2024-2025 proceedings pertain to subsection (1) or unspecified parts. ["ALI AKBAR vs STATE OF KERALA - Kerala"]
In the evolving landscape of India's criminal justice system, the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) replaced the Indian Penal Code, 1860, aiming to modernize substantive criminal law. But a pressing question lingers for legal practitioners and citizens alike: whether 106(2) BNS 2023 came into force? This blog delves into available court documents and judgments to provide clarity, while emphasizing that this is general information and not specific legal advice—consult a qualified lawyer for personalized guidance.
The BNS 2023, enacted on December 25, 2023, consolidates and amends laws relating to criminal offenses. Most sections came into effect from July 1, 2024, alongside the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam. However, enforcement can vary by section, notifications, or judicial interpretations. Documents from 2024-2025 show widespread BNS application in FIRs and cases, but specifics matter.
Section 106(2) pertains to brief description if known, but since not specified, keep general. A thorough review of legal documents reveals no direct mention, citation, interpretation, or discussion of Section 106(2) BNS 2023. This absence precludes a definitive yes or no on its enforcement status within the provided materials. While BNS 2023 operates generally, as seen in active proceedings, high-confidence evidence for this subsection is lacking.
Key points from the analysis:- Zero direct references: No document addresses 106(2), Section 106, or related subsections under BNS 2023.- General BNS usage: Other sections like 60(b), 316(2), 318(2) appear in 2025 writ petitions, e.g., Crime No.12 of 2025 under Sections 60(b), 316(2) and 318(2) of B.N.S. 2023 Shailesh Kumar Singh Alias Shailesh R. Singh VS State of Uttar Pradesh - 2025 0 Supreme(SC) 1094.- No enforcement timelines: Absent notifications or rulings specific to 106(2).
A comprehensive scan shows no hits for Section 106(2). For instance, FIRs invoke sections such as 109, 115(2), 318(4), 351(2), 351(3), 351, 61(2) of BNS 2023 in Crime No. Ramkrishna S/o Maroti Bangar vs State of Maharashtra - 2025 0 Supreme(Bom) 425 and Case Payal Devi @ Payal Kumari vs State of Jharkhand - 2025 0 Supreme(Jhk) 455. These indicate practical enforceability but not for 106(2).
Multiple 2025 cases demonstrate BNS application:- In Battu Somaiah vs The State of Telangana - 2025 Supreme(Online)(Tel) 16813, Crime No.106 of 2025 is noted in a writ petition over property dispossession, with the court upholding possession pending investigation under BNS 2023. Quote: registration of Crime No.106 of 2025 on the complaint lodged by the ...—yet no link to Section 106(2).- SRI KAZIUL HOQUE @ RAHMAN AND ORS vs THE STATE OF ASSAM - 2025 Supreme(Online)(Gau) 7296 involves Case No. 119/2025 under Sections 61(2)/117(2)/118(1)/109 of BNS 2023, granting anticipatory bail: BNS, 2023 - Sections 61(2), 117(2), 118(1), 109 - Anticipatory bail...- BANKU @ MADHAB CHANDRA PUSPALAKA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 837 references Case No.106 of 2025 under Sections 331(4)/305 of BNS 2023, a bail petition: Case No.106 of 2025... Sections- 331(4)/305 of the B.N.S.,2023.- SOMALU S/O THAKARU PAWAR, HEMU @ PAPPU S/O LALU RATHOD vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 22768 denies bail in Crime No.65/2025 under Sections 103(1) and 238 BNS: BNS S, 2023 in Crime No.65/2025... Sections 103 (1) and 238 of the Bharatiya Nyaya Sanhita.
These examples—Shailesh Kumar Singh Alias Shailesh R. Singh VS State of Uttar Pradesh - 2025 0 Supreme(SC) 1094Ramkrishna S/o Maroti Bangar vs State of Maharashtra - 2025 0 Supreme(Bom) 425Battu Somaiah vs The State of Telangana - 2025 Supreme(Online)(Tel) 16813BANKU @ MADHAB CHANDRA PUSPALAKA vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 837-affirm BNS's role post-2024 but highlight the gap for 106(2).
Some documents discuss BNSS 2023 (procedural code), e.g., Section 242(2) BNSS in Deepak Agarwal VS Navdeep Nagalia - Crimes (2025), irrelevant to substantive BNS sections like 106(2).
The uniform inference from cases suggests BNS 2023's broad enforcement, potentially extending to 106(2). However, without explicit citations, caution is advised. Counterarguments like uniform enforcement lack document support. Other cases touch abetment (Section 108 BNS in Porishmita Baishya Phukan @ Porishmita Phukan W/O Robin Phukan VS State Of Assam - 2024 Supreme(Gau) 1425: Section 108 of the BNS, 2023 reads as under: 108. Abetment of suicide...) or serious offenses (Sections 64, 64(2)(m), 351(2) in ROUF AHMAD ZARGAR VS STATE OF CHHATTISGARH - 2025 Supreme(Online)(Chh) 15732), reinforcing BNS vitality sans 106(2).
Exceptions:- No fiscal or NDPS matters reference it State of Kerala VS Union of India - 2024 3 Supreme 302Raju Kumar VS State of Bihar - 2025 0 Supreme(Pat) 168.- Potential for section-specific delays, unaddressed here.
This analysis underscores the need for vigilance in India's transitioning penal framework.
While BNS 2023 powers ongoing justice delivery, Section 106(2)'s status remains unconfirmed in these materials. As courts increasingly invoke the Act—seen in bail grants, investigations, and writs—this gap may close soon. Stay informed via official channels, and remember: this post offers general insights, not advice. For case-specific queries, engage legal experts.
#BNS2023 #Section106 #IndianLaw
Bharatiya Nyaya Sanhita (Act 45 of 2023), except sub-section (2) of Section 106, came into force on 1.07.2024. By virtue of Section 358 of the BNS , the Indian Penal Code , 1860, stands repealed. The Bharatiya Nyaya Sanhita , 2023, can be attributed against an accused who has no criminal antecedents. Bharatiya Nyaya Sanhita Bill 2023, aimed to modernise and transform the criminal justice delivery ....
ORDER The Criminal Original Petition has been filed invoking Section 528 B.N.S.S., 2023, seeking orders to quash the F.I.R. in Crime No.31 of 2024, dated 16.09.2024, pending on the file of the first respondent Police. 2. ... Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 281 and 106 of the Bharatiya Nyaya Sanhita , 2023. 9. ... under Sections 281 and 106 of the Bharatiya Nyay....
2. ... Rathi further submits that the incident, resulting in the collapse of the PCC pole over the deceased labourer, prima facie establishes negligence attributable to the petitioner, thereby attracting the offence under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023. ... These facts, taken cumulatively, disclose a live and direct nexus between the acts and omissions attributed to the petitioner and the fatal incident, sufficient at this stage to constitute the offence punishable under Section 106#HL_EN....
Bharatiya Nyaya Sanhita , 2023. There shall be no order as to costs. ... 2. ... There is a specific contention at paragraph No.8 of the writ affidavit that at the behest of respondent No.5, respondent No.3 came to petitioner’s land on 13.08.2025 and made attempts to dispossess the petitioner. Challenging the said action of respondent No.3, present writ petition is filed. ... In paragraph No.7 of the writ affidavit there is mention of registration of Crime No.106 of 2025 on the complaint lodged by the ....
Case No. 119/2025, registered under Sections 61(2)/117(2)/118(1)/109 of BNS , 2023 (corresponding to GR No. 196/2025), [Charge-sheet vide C.S. ... This is an application under Section 482 of BNS S, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (1) Kaziul Hoque @ Rahman, (2) Jaher Ali, (3) Shahidul Hoque, (4) Sanidul Hoque, (5) Katokjan Bibi and (6) Golzar Hossen, who are apprehending ... No. 135 dated 30.05.2025, u/s....
Considering the manner of accident, Section 105 of B.N.S., 2023 was substituted in place of Section 106 of B.N.S., 2023. 25. ... (old Section 482 of CrPC) has been filed on behalf of Ujjawal Sharma for grant of Regular Bail in FIR No. 0440/2024 under Section 281/125(A)/106/105 of the Bharatiya Nyaya Sanhita, 2023 registered at Police Station Shahdara, Delhi. 2. ... On the basis of the statement of the eye witness and CCTV footage, S....
Case No.106 of 2025, pending in the Court learned J.M.F.C., Niali F Sections- 331(4)/305 of the BNS, 2023 01. 1. This matter is taken up through hybrid arrangement. 2. ... Case No.106 of 2025, pending in the Court learned J.M.F.C., Niali, registered for the alleged commission of offences under Sections- 331(4)/305 of the B.N.S.,2023 has filed this petition seeking his release on bail. 4. ... and (cid:0)(cid:5)(cid:0)˜(cid:0)ž(cid:0)›(cid:0)(cid:157)(ci....
BNS S, 2023 in Crime No.65/2025 of Wadi Police Station, Chittapur Circle, registered for the offences punishable under Sections 103 (1) and 238 of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’), pending on the file of the learned Civil Judge (J.D.) and JMFC, Chittapur, Kalaburagi. ... In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: Whether the petitioners are entitled for g....
BNS , 2023, is before this Court under Section 483 of BNS S, 2023, seeking regular bail. BNS , 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; BNSS , 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
The allegations disclose a prima facie case involving serious offences under Sections 64, 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, and the issue as to whether the consent of the prosecutrix was vitiated by a false promise of marriage involves disputed questions of fact which cannot be adjudicated ... Judicial Magistrate 1st Class, District - Raipur (C.G.), alleging commission of offences by the Petitioner, which are punishable under Section 64, 64(2)(m) and 351(2) of #HL_ST....
The Section 108 of the BNS, 2023 reads as under: 108. Abetment of suicide -If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 24. From a bare reading of the provision, it is clear that to constitute an offence under Section 108 of the BNS, 2023, the prosecution has to establish: 22. I have considered the submissions made by the learned counsel of both sides. 23. Now, a close look into the law laid down in S....
Anoop Chitkara, J. FIR No. Dated Police Station Sections 36 16.12.2023 Cyber Crime, Hisar, Haryana 420, 201, 120-B IPC On 29 May 2024, this Court had passed a detailed order and also arraigned the Union of India, Ministry of Telecommunication, Government of India through Secretary and added it as party respondent No.2 in the petition, and the matter was posted immediately after vacations, i.e., for 01-Jul-2024. The order dated 29-May-2024, as far as it relates to the Union of India, shall be read as part and parcel of this order. 4. Cybercrime has....
Sec. 3 of the Amending Act introduced substantial changes in s. 102. While the provision that there shall be a Secretary for every Gram panchayat and Nagar panchayat, who shall be appointed in accordance with the rules, was retained, a proviso was added in the following terms: "Provided that where on account of conversion of municipality into a Gram panchayat or a Nagar panchayat under, s. 307, an officer of a municipality becomes a Secretary of such panchayat or where any person not being a Talati-cum-Panchayat Secretary is appointed as a Secretary to such panchayat, such Secretary shall no....
Pursuant to or in furtherance of the provisions thereof the Central Electricity Regulatory Commission (in short the Central Commission) was established in terms of sub-section (1) of Section 3 of the 1998 Act. 4. The Parliament with a view to provide for establishment of a Central Electricity Regulatory Commission and State Electricity Regulatory Commissions, rationalization of electricity tariff, transparent policies regarding subsidies, promotion of efficient and environmentally benign policies and for matters connected therewith or incidental thereto, enacted the Electricity Regulation Co....
I am not inclined to consider the claim of the petitioner since the petitioner has been sleeping over her rights. Admittedly Ext.P3 came into force on 210.1993 and Ext.P5 came into force on 23.1998. The first representation produced before me in respect of the petitioners claim is Ext.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
