GUWAHATI: The Gauhati High Court recently directed the Director General of Police (DGP), Assam, to ensure that no cases are registered under a provision of the Bharatiya Nyaya Sanhita (BNS), 2023, which has not yet been enforced.
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According to a LiveLaw report, the court clarified that the specific section of the BNS remains unenforceable as per a government notification dated 23 February. This notification states that most provisions of the BNS will take effect from 1 July 2024, excluding the provision in question.
A bench headed by Chief Justice Vijay Bishnoi and Justice Kaushik Goswami issued the directive during the hearing of a public interest litigation (PIL). The PIL argued that the provision was unconstitutional as it violated Article 20(3) of the Constitution, and that Assam Police had been registering cases under the provision despite it not being in force.
The court emphasised that affected individuals are free to seek legal remedies regarding the situation if cases are filed against them under the unenforced law.
Additionally, it instructed the DGP to issue clear directions to all police stations, preventing the registration of such cases.
