AI Overview...
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Supreme Court judgments on BNS 123 - The Court has addressed various issues related to the Bharatiya Nyaya Sanhita, 2023, including proceedings quashment, bail, and procedural validity. Notably, proceedings against individuals accused of selling banned tobacco products have been quashed based on prior Supreme Court rulings and stay orders on related notifications, emphasizing the importance of legal consistency and procedural correctness Purella Sathya Narayana Satyam vs The State of Telangana - Telangana, I.Abdul Khan vs State of Tamilnadu - Madras.
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Bail applications under BNS - Courts have granted bail in cases involving Sections 123, 126(2), 64(2)(m), 66(E), and 67 of BNS, often conditioned on compliance with trial court directives. The decisions highlight the courts' discretion to grant bail based on the specifics of each case, including the nature of charges and previous bail history Ravi VS State of U. P. - Allahabad, MR HAKIULLA vs THE STATE OF KARNATAKA - Karnataka, I.Abdul Khan vs State of Tamilnadu - Madras.
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Rights of prisoners and inhumane treatment - The judiciary has underscored prisoners' rights to dignity, education, and basic facilities, condemning inhumane treatment such as solitary confinement and denial of educational resources. These judgments often reference international standards and Supreme Court directives, emphasizing humane treatment and the importance of fundamental rights Fakrudeen vs Deputy Inspector General of Prisons, Chennai Range - Madras.
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Procedural validity of proceedings - Several judgments have invalidated proceedings or summons based on lack of proper police reports or procedural flaws, including in cases under the POCSO Act and other criminal statutes. The courts have stressed adherence to legal protocols, including the necessity of valid police reports for summoning and initiating proceedings Sitam @ Prince Minor Vs. State Of U.P. And 3 Others vs State Of U.P. - Allahabad.
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Detention orders and rationality - Supreme Court rulings reinforce that detention orders must be based on rational conclusions regarding the likelihood of bail and procedural fairness. Arbitrary detention orders lacking a rational basis are subject to quashment, aligning with principles of legal certainty and non-arbitrariness Shantha Bhai vs The Additional Chief Secretary, Home, Prohibition & Excise Department, Government of Tamil Nadu - Madras.
Analysis and Conclusion:
The Supreme Court's jurisprudence on BNS 123 underscores the importance of procedural correctness, adherence to constitutional rights, and consistent application of law. Proceedings related to the sale of banned tobacco products and other criminal charges are scrutinized for procedural validity, with a tendency to quash proceedings if procedural flaws are identified. Bail decisions are made considering case-specific factors, ensuring the rights of the accused are protected. Additionally, the Court emphasizes humane treatment of prisoners and adherence to international standards, reflecting a holistic approach to justice that balances legal rigor with fundamental rights. These judgments collectively reinforce the principle that legal processes must be fair, transparent, and rooted in established legal standards Purella Sathya Narayana Satyam vs The State of Telangana - Telangana, Ravi VS State of U. P. - Allahabad, Fakrudeen vs Deputy Inspector General of Prisons, Chennai Range - Madras, I.Abdul Khan vs State of Tamilnadu - Madras, MR HAKIULLA vs THE STATE OF KARNATAKA - Karnataka, Shantha Bhai vs The Additional Chief Secretary, Home, Prohibition & Excise Department, Government of Tamil Nadu - Madras.
Search Results for "Bns 123 Supreme Court Judgment Learned"
2025 Supreme(Online)(Tel) 13827 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Sanhita, 2023 - Section 528 - Quashment of proceedings - Petitioner accused of selling banned tobacco products; however, prior Supreme ... unsustainable based on earlier judgments. ... Court orders and the stay on notifications regarding tobacco sales led to previous quashments in similar cases - Proceedings deemed ... Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 and Batch quashed the proceedings against the petitioners th....
2024 0 Supreme(All) 1714 • India - Allahabad
SHEKHAR KUMAR YADAV
(A) Sections 123 and 69 of BNS - Bail application - The applicant seeks bail during the pendency of trial ... The court found it a fit case for bail, subject to conditions. ... and comply with trial court directives to avoid cancellation of bail. ... JUDGMENT : SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. 2. ... The applicant seeks bail in Case Crime No. 488 of 2024, under Sections #H....
2025 0 Supreme(Mad) 4339 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN, JJ
emphasizes the rights of prisoners to dignity and education, referencing various Supreme Court judgments and international standards ... (Paras 1, 6, 10) ... ... Findings of Court: ... The court directed that the fundamental ... solitary confinement and provision of basic facilities - Allegations of inhumane treatment and denial of educational resources - Court ... Later the validity of this judgment was re-examined by the Constitution Bench of the Apex C....
2025 Supreme(Online)(UK) 1362 • India - High Court Of Uttarakhand
Rakesh Thapliyal, J
This judgment discusses the bail application of an applicant charged under various sections including Sections 123, 126(2), 64(2) ... (m) of BNS, 2023 and Sections 66(E) and 67 of the Information Technology Act, 2008. ... The court ultimately determined that bail should be granted. ... Saurabh Kumar Pandey, learned . counsel for the applicant. 2. Mr. Sandeep Sharma, learned AAG for the State. 3. ... After hearing the arguments as advanced by learned counsel for the pa....
2025 Supreme(Online)(Tel) 15354 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’). 2.
2025 Supreme(Online)(Mad) 18224 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, M. Jothiraman, JJ
Statute Analysis: The judgment addresses the provisions under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement ... and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and the Bharatiya Nyaya Sanhita, 2023. ... ... ... Findings of Court: ... The court finds that the case may be handled under regular penal law instead of preventive detention ... Heard the learned counsel for the petitioner, as well as the learned Additional Publ....
2025 Supreme(Online)(Kar) 9889 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY, J
Sections 123 , 3(5) and 305(c) of BNS , 2023, is before this Court under Section 483 of BNS S, 2023, seeking regular bail. Sections 123 , 3(5) and 305(c) of BNS , 2023, subject to the following conditions: ... Learned counsel for the petitioner submits that in all the other criminal cases registered against the petitioner, he has been enlarged on bail. ... Heard the learned counsel for the parties. 3.
2025 0 Supreme(All) 2712 • India - IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Srivastava,J.
Children from Sexual Offences Act, 2012 - Sections 33, 4(2), 5(j)(ii), 5(1)/6 - Bhartiya Nyaya Sanhita, 2023 - Sections 70(2), 89, 123 ... ... ... Findings of Court: ... The court found the summoning order unsustainable as it was not based on a valid police report or ... The court had summoned him based on the victim's statement under Section 183 BNSS. ... 70(2), 89, 123, 351(3) of BNS, 2023 and Section 4(2), 5(j)(ii)/6, 5(l)/6 of POCSO Act, 2012. ... Per contra, learned#....
2014 0 Supreme(Megh) 163 • India - Meghalaya
PRAFULLA C.PANT, S.R.SEN
Single Judge within a period of 6 months from the date of the judgment. ... Final Decision: The writ appeals were dismissed, and the appellants were allowed to comply with the impugned orders passed by the learned ... The court also considered the applicability of the law laid down by the Apex Court in State of Madhya Pradesh and others vrs. ... Learned Single Judge in all the writ petitions from which these appeals have arisen, following the judgment and order dated 25-5-2012 passed b....
2025 Supreme(Online)(Mad) 59480 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. Ramesh, V. Lakshminarayanan, JJ
This principle was reinforced by the Supreme Court ruling referenced herein. ... detention orders lacking rational conclusion on likelihood of bail can be quashed, referencing supreme court precedent. ... (Paras 3, 4, 5, 6) ... ... (B) Court reiterates that arbitrary ... It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:- “10. ... In view of the ratio laid down by the Hon'ble Supreme#HL_E....
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