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BNS & BNSS Provisions Challenged in SC

Azad Singh Kataria, a retired BSF Commandant, has filed a petition in the Supreme Court challenging the constitutional validity of the various provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Code of Criminal Procedure, 1973, and the Indian Penal Code, 1860, with effect from July 1, 2024.

Previously, the Mannargudi Bar Association had also filed a similar plea challenging the constitutionality of the New Criminal Laws.

The latest petition challenges the following provisions of BNS and BNSS:

  • Sections 111 BNS (Organised crime)
  • Section 113 BNS (Terrorist Act)
  • Section 152 BNS (Act endangering sovereignty, unity and integrity of India)
  • Section 173(3) BNSS (Information in cognizable cases)
  • Section 187(3) BNSS (Procedure when investigation cannot be completed in twenty-four hours)
  • Section 223 of the BNSS (Examination of complainant)
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