AI Overview...
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Section 333 of BNS - Offense under Section 333 of the Bharatiya Nyaya Sanhita (BNS) is non-bailable, indicating strict judicial control over bail for such charges Davis P. R. VS State of Kerala Represented By Public Prosecutor - Crimes.
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Bail Provisions in BNS - Sections like 324 of BNS are bailable, but when combined with other serious charges such as Section 333, the overall case may be considered non-bailable, depending on the context and nature of the offenses Davis P R VS State of Kerala Represented By Public Prosecutor - Kerala.
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Legal Principles for Bail - Courts have upheld the right to bail under constitutional provisions (Article 21), but for offenses under Section 333, bail is generally denied or restricted due to the severity of the offense Ravindra Kumar vs State of U.P. - Allahabad.
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Special Provisions under Act 2019 - Section 8 of the Act 2019 stipulates stringent conditions for bail for accused under Sections 5 or 6, including bonds with sureties and property deposits, reflecting the serious nature of these offenses SUNIL KUMAR H vs STATE OF KERALA - Kerala.
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Bail in Cases of Violence and Mischief - For charges under Sections like 115(2), 299, 333, bail can be granted subject to conditions, but the gravity of offenses such as causing harm or destruction influences judicial discretion AASIM vs THE STATE OF MADHYA PRADESH - Madhya Pradesh.
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Preventive Detention and Offenses - Under the Gujarat Prevention of Anti-social Activities Act, 1985, detention is justified only if activities significantly threaten public order; mere commission of offenses like Section 333 does not automatically warrant detention SANJAY @ DANTI CHATURBHAI SOLANKI THRO AJAY CHATURBHAI SOLANKI vs STATE OF GUJARAT & ORS. - Gujarat, SHAMJIBHAI @ SHAMO S/O MAKABHAI MADHABHAI MAKWANA THRO PAYALBEN KISHORBHAI SOLANKI vs STATE OF GUJARAT - Gujarat.
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Legal Challenges and Detention - Courts have quashed detention orders where evidence did not substantiate threats to public order, emphasizing that offense registration alone does not justify preventive detention SHAMJIBHAI @ SHAMO S/O MAKABHAI MADHABHAI MAKWANA THRO PAYALBEN KISHORBHAI SOLANKI vs STATE OF GUJARAT - Gujarat.
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Summary - Offense under Section 333 BNS is considered serious and non-bailable, with courts generally restricting bail to prevent misuse and ensure public safety. Special legal provisions impose stringent conditions for bail, and detention under preventive laws requires clear evidence of public order threats, not just commission of the offense Davis P. R. VS State of Kerala Represented By Public Prosecutor - Crimes, Davis P R VS State of Kerala Represented By Public Prosecutor - Kerala, Ravindra Kumar vs State of U.P. - Allahabad, SHAMJIBHAI @ SHAMO S/O MAKABHAI MADHABHAI MAKWANA THRO PAYALBEN KISHORBHAI SOLANKI vs STATE OF GUJARAT - Gujarat.
Analysis and Conclusion:
Section 333 BNS is treated as a non-bailable offense due to its serious nature, often leading courts to deny bail to prevent misuse and protect public order. While certain related offenses like Section 324 are bailable, the presence of Section 333 typically results in stricter bail conditions or denial. Preventive detention laws require clear evidence of threats to public order, and courts have consistently emphasized that mere commission of offense does not justify detention. Overall, the legal framework prioritizes public safety over individual liberty in cases involving Section 333 BNS.
Search Results for "Legal Provisions for Bail in Section 333 Bns"
• India - Crimes
P. V. KUNHIKRISHNAN
324(5) of BNS, offence under Section 333 of BNS is also alleged – Section 333 of BNS is a non-bailable offence – If an offence of ... Section 324 of BNS is a bailable offence – But, in crimes registered in these bail applications, along with offence under Section ... alleging offences punishable under Sections 126(2), 115(2), 118(1), 110, 333, 324(5) and 3(5) of....
2025 0 Supreme(Ker) 136 • India - Kerala
P. V. KUNHIKRISHNAN
(A) Bharatiya Nyaya Sanhita, 2023 - Sections 126(2), 115(2), 118(1), 110, 333, 324(5) - Bail applications concerning destruction ... The accused are charged under various sections of the BNS for violent acts and mischief. ... (Paras 1, 2, 6, 19) ... ... (B) Legal Principle - The court ... It is true that Section 324 of BNS is a bailable offence. But, in the crimes registered in these two bail applications, along ....
2025 Supreme(Online)(All) 2326 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Santosh Rai, J
The Court considered the bail application filed on behalf of the applicant under Sections 115(2), 352, 351(3), 333, 109(1) of BNS ... The legal framework supporting the right to bail was highlighted citing provisions under Article 21 of the Constitution. ... The court allowed the bail application under specific conditions. ... The instant bail application has been filed on behalf of the applicant Ravindra Kumar with a prayer to rele....
2025 Supreme(Online)(Ker) 20465 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
, J
Section 8 of the Act 2019: “Special provision as to Bail.- No person accused under section 5 or section 6 shall be released on bail on execution of bond by two sureties and depositing in the court the amount not less than one-half the value of the property
2025 Supreme(Online)(MP) 5483 • India - High Court of Madhya Pradesh
SHRI JUSTICE SANJEEV S KALGAONKAR, J
(A) BNS, 2023 - Sections 3(5), 115(2), 299, 333, 296, and 351(2) - Grant of bail - Application for bail filed by the applicant, who ... (Para 9) ... ... (B) Bail Provisions - Condition of bail must be adhered to avoid cancellation - The applicant is ... ... ... Result: The application is allowed and the applicant is granted bail under specified conditions. ... (5) During trial, the applicant shall ensure due compliance of #HL_S....
2025 Supreme(Online)(Guj) 7705 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(c) and Section 3 - Preventive detention - Legality of detention ... It may be that the petitioner is a bootlegger within the meaning of section 2(b) of the Act, but merely because he is a bootlegger he cannot be preventively detained under the provisions of the Act unless, as laid down in sub-section (4) of section 3 of the Act, his activities as a bootlegger affect ... Act, (II) for the offences punishable under #H....
2025 Supreme(Online)(Guj) 6176 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
petitioner was detained under the Gujarat Prevention of Anti-social Activities Act, 1985, which defines 'dangerous person' under Section ... The court found no substantiating evidence for detention related to public order under Section 3 of the Act, necessitating the quashing ... The legal challenge presented issues of public order vs. law and order, where offense registration did not support preventive detention ... (i) for the offence under Sections 393, 332, 333, 324, 338, 186, 341, 342, 504, 143, 14....
2024 0 Supreme(All) 1509 • India - Allahabad
SAURABH LAVANIA
(A) Bharatiya Nyaya Sanhita, 2023 - Sections 126, 130, and 135 - Quashing of notice issued under Section ... provisions and quashed it, allowing the Magistrate to issue a fresh notice in accordance with the law. ... Issues: The main issue was whether the notice issued under Section 130 was valid given the lack of judicial ... 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). ... Mon....
2025 Supreme(Online)(GUJ) 1202 • India - High Court of Gujarat
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(c) and Section 3(4) - Preventive detention - The petitioner ... ... ... Issues: Whether the detention order was justified under the provisions of the Act based on the alleged activities of the ... (I) for the offences punishable under Sections 189(2), 184(4), 191(2), 191(3), 190, 351 of the BNS an Section 135(1) of the G.P Act and (II) for the offences punishable under Sections 189(2), 189(4), 19....
2025 Supreme(Online)(Guj) 5191 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
Section 3 of the Act of 1985. Admittedly, in all the said offences, the petitioner was granted bail. 8. ... Such cases are dealt with under the powers vested in the executive authorities under the provisions of ordinary criminal law but the culprits cannot be detained on the ground that they were disturbing public order. ... Having considered the facts as well as the submissions made by the respective parties, the issue arise as to whether the order of detention passed by the Detaining Authority in exercise of his powers under the #HL_STA....
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