Rajasthan High Court to Examine Maintainability of Criminal Revision Petitions Without Accused's Surrender
Legal Debate Arises Over Application of Bharatiya Nagarik Suraksha Sanhita, 2023, and Rajasthan High Court Rules
In a significant legal development, the Rajasthan High Court's Jaipur Bench, under the stewardship of Justice Anoop Kumar Dhand, has brought to light a pivotal issue concerning the maintainability of criminal revision petitions and applications for suspension of sentences under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The case in question, Mohanlal v. State of Rajasthan, has questioned the procedural requirements under Sections 438 and 442 of the BNSS and their alignment with Rule 311(3) of the Rajasthan High Court Rules, 1952.
The case arose after Mohanlal, the petitioner, challenged the conviction upheld by both the trial and appellate courts. The legal contention revolves around whether such petitions and applications can proceed without the convicted accused surrendering before jail authorities, as traditionally mandated.
Representing Mohanlal, advocates Mr. Anubhav Agarwal, Mr. Rajesh Sharma, and Mr. Ram Babu Sharma, raised pertinent arguments, while Mr. Amit Gupta, Additional Government Advocate cum Public Prosecutor, appeared on behalf of the State of Rajasthan.
Justice Dhand has invited members of the legal fraternity to provide their insights on this contentious issue. The Registrar (Judicial) has been directed to publish a notice in the cause list, encouraging the legal community to contribute to the court's deliberations.
This question of procedural compliance versus statutory provisions is set to be deliberated further on October 16, 2025, alongside related petitions. The outcome could set a significant precedent for the interpretation and application of the BNSS and the Rajasthan High Court Rules.
Bottom Line:
Criminal Revision Petition and application seeking suspension of sentence under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Maintainability questioned in light of Rule 311(3) of the Rajasthan High Court Rules, 1952, without the surrender of the convicted accused before jail authorities.
Statutory provision(s): Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, Rule 311(3) of the Rajasthan High Court Rules, 1952
Mohanlal v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2793565
