AI Overview...
- Bail by Magistrate in Session Triable Cases - Section 76 of the BNS
Main points and insights: - Section 76 of the BNS (Bharatiya Nagarik Suraksha Sanhita) generally pertains to the power of the Magistrate to grant bail. While the sources primarily discuss bail in the context of various sections (e.g., Sections 167, 316, 409 IPC), they imply that Magistrates have the authority to grant bail in cases triable by them, including those that are session triable, subject to specific procedural provisions.
- In cases triable as summons or warrant cases, the Magistrate's authority to grant bail is well-established, and the same applies to session triable cases, provided the conditions of the relevant sections are met.
- Section 76 of BNS, akin to Section 76 of the Indian Penal Code, generally empowers a Magistrate to grant bail, but the specific application depends on the nature of the offense and procedural rules.
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The sources highlight that for certain offenses and under specific circumstances (e.g., non-conclusion of investigation within six months), the Magistrate's role includes controlling and granting bail, with considerations for the investigation period and severity of the offense.
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Analysis and Conclusion:
- The authority of a Magistrate to grant bail in session triable cases under Section 76 of BNS is supported by the general principles outlined in the related provisions and case interpretations.
- While the detailed procedural nuances depend on the nature of the offense and investigation status, the overarching principle is that Magistrates do have the power to grant bail in session triable cases, subject to statutory conditions and judicial discretion.
- The references indicate that procedural safeguards and statutory limits (e.g., investigation periods) influence bail decisions, but do not preclude Magistrates from exercising their bail powers in session triable offenses.
References:
- Bharatiya Nagarik Suraksha Sanhita, 2023 Prempal vs State Of U.P. - Allahabad
- Indian Penal Code and Criminal Procedure Code provisions discussed in various sources SAPNANIL DAS vs THE STATE OF ASSAM - Gauhati, State Of Karnataka By Kavoor Police Station, Represented By The State Public Prosecutor VS Kalandar Shafi S/O Late Ismmail - Karnataka, STATE OF KARNATAKA vs KALANDAR SHAFI S/O LATE ISMMAIL - Karnataka, IN_KAR_KAHC010717042024, SRI ABHIJIT CHANDA vs THE STATE OF ASSAM - Gauhati
Search Results for "Can Bail can be Given by a Magistrate in Session Triable Section 76 of Bns"
2025 0 Supreme(All) 3509 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Judicial Magistrate is bound to take cognizance under Section 210(1)(a) for non-cognizable offenses treated as complaints, and failures ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 115(2), 352, 174, 210 - Criminal Miscellaneous Application under Section ... (Paras 52, 53) ... ... (B) Quashing of Summoning Order - Authority of Judicial Magistrate - The ... (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of ....
2024 Supreme(Online)(GAU) 13175 • India - High Court of Gauhati
MRS. JUSTICE MALASRI NANDI, J
(Paras 35 and 36) ... ... (B) Criminal Procedure Code - Section 167 - Indefeasible right to default ... , 409; BNSS, 2023 - Sections 316(2), 316(5) - Bail application - Accused charged with running a fraudulent online trading scheme, ... (A) Banning of Unregulated Deposit Schemes Act, 2019 - Sections 21(1), 21(2), 21(3), 22, 23; Indian Penal Code - Sections 406, 420 ... (5)If in any case triable by a Magistrate as a summons case, the investigation is not concluded ....
2024 0 Supreme(Kar) 593 • India - Karnataka
M. NAGAPRASANNA
14) ... ... (B) Interpretation of Statutory Provisions - The court emphasized that the phrase 'ten years or more' in Section ... (5) If in any case triable by Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making ... P.C. are not subject to the limitation mentioned under Section 37 of the NDPS Act. The no....
2024 Supreme(Online)(KAR) 39560 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE M. NAGAPRASANNA, J
(A) BNS - Section 187 - Police custody - The court interpreted the provisions of Section 187 of BNSS, determining that the maximum ... ... ... Issues: The main issue was the interpretation of Section 187 regarding the duration of police custody based on the nature ... Section 108 , 308(2), 308(5), 351(2) and 352 of BNS as on the date of consideration of application for Police custody before the learned Magistrate. ... I, 1969, pp. 76-77). ... P.C....
2024 Supreme(Online)(KAR) 40305 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE M. NAGAPRASANNA, J
14) ... ... (B) Interpretation of Statutory Provisions - The court clarified that the phrase 'ten years or more' in Section ... (5) If in any case triable by Magistrate as a summons- case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless ... P.C. are not subject to the limitation mentioned under Section 37 of the NDPS Act. The non-obstante clause w....
2024 Supreme(Online)(GAU) 13189 • India - High Court of Gauhati
HONOURABLE MRS. JUSTICE MALASRI NANDI
(5)If in any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer ... When the alleged provision of section 409 IPC or section 316(5) of BNS were added, by that time the mandatory period of 60 days is over. ... to such Magistrate. ... under this sub- #HL_STAR....
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