Court Directs Compliance with BNSS, 2023 Procedures for Offences Punishable Below Seven Years
In a significant judgment dated May 7, 2026, the Andhra Pradesh High Court granted pre-arrest bail to P S Ganesh Kumar, an employee of the Judicial Department, accused of defamation and forgery under the Bharatiya Nyaya Sanhita, 2023. The case, registered under FIR No. 45 of 2026, involved allegations of circulating defamatory anonymous petitions against judicial officers.
Justice Dr. Venkata Jyothirmai Pratapa, presiding over the matter, emphasized that the offences alleged against the petitioner are punishable with imprisonment of less than seven years. The court noted that custodial interrogation was not required and directed the police to adhere to procedures outlined in Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner, represented by advocate Shaik Mohammed Ismail, argued that the accusations were based solely on CCTV footage and lacked substantive evidence. The defence contended that the alleged offences did not include elements necessary to constitute outraging the modesty of a woman, questioning the applicability of Section 79 of the BNS.
The judgment also referenced precedents from the Supreme Court, including the landmark cases of Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. CBI, which set guidelines for arrest procedures in offences warranting imprisonment below seven years.
The court's decision to grant bail was influenced by the petitioner's willingness to cooperate with the investigation and furnish sureties as required. The Assistant Public Prosecutor acknowledged that the investigation was ongoing and assured compliance with legal procedures for non-custodial offences.
This judgment reinforces the legal framework ensuring procedural fairness in cases involving minor offences, highlighting the judiciary's commitment to upholding the rights of individuals while maintaining the integrity of the legal process.
Bottom line:-
Pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was sought by an accused employee of the Judicial Department, alleging wrongful implication based on CCTV footage and anonymous defamatory petitions. Court directed adherence to the procedures laid down under Section 35(3) of the BNSS for offences punishable with imprisonment below seven years.
Statutory provision(s): Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 79, 201, 238, 351(3), 351(4), 336(3), 340(2) r/w 61(2) of Bharatiya Nyaya Sanhita, 2023.
P S Ganesh Kumar v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2902636
