In a notable judicial decision, the Uttarakhand High Court has ruled that the Bharatiya Nagarik Suraksha Sanhita (BNSS) must be applied to all criminal cases initiated after July 1, 2024, marking a transition from the older Criminal Procedure Code (CrPC) of 1973. The ruling came after a Dehradun company challenged proceedings initiated under the repealed CrPC, arguing that its procedural rights were overlooked.
Justice Alok Mehra emphasised that BNSS’s procedural requirements — including allowing suspects an opportunity to be heard before cognisance — must be strictly observed. The court stayed the lower court’s summons and non-bailable warrants, reinforcing adherence to newer legal frameworks and protecting defendants’ fundamental rights.
Legal analysts note this decision could reshape criminal proceedings, ensuring procedural fairness and consistency in law enforcement across Uttarakhand. Advocates argue this reinforces citizen rights and aligns state judicial processes with modernised criminal justice norms.
Critics caution that transition phases can create confusion among lower courts and police if awareness and training on BNSS provisions are inadequate. However, the judiciary has urged thorough dissemination of BNSS protocols among legal officials to avoid procedural lapses.
The verdict reflects India’s evolving criminal law landscape, emphasizing procedural sanctity and citizens’ legal protections under updated statutory frameworks.
