Assam: Ask PSs not to register case under a BNS sub-section, Gauhati HC to DGP

Staff Reporter

GUWAHATI: The Division of the Gauhati High Court, comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami, has asked the Director General of Police, Assam, to issue necessary direction to the police stations under his jurisdiction not to register any case under the provision of sub-section (2) of section 106 of the BNS, 2023, which has not come into force till date.

A PIL petition (74/2024) was filed by a person challenging the validity of sub-section (2) of Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023. It is contended in the writ petition that sub-section (2) of Section 106 of the BNS is in violation of Article 20(3) of the Constitution of India, which provides that no person accused of any offence shall be compelled to be a witness against himself.

It is submitted that the Government of India, in exercise of the powers conferred by sub-section (2) of section 1 of the BNS, has issued a notification dated February 23, 2024, and has appointed July 1, 2024, as the date on which the provisions of the BNS shall come into force. The said notification specifically says that the provisions of the BNS, ‘except the provision of sub-section (2) of section 106,’ shall come into force from July 1, 2024.

“From the above notification it is clear that the provision of sub-section (2) of section 106 of the BNS has not come into force till date,” the bench said.

As an instance of such cases, the petitioner has produced a copy of an FIR registered on September 2, 2024, by the Mukalmua Police Station in the district of Nalbari, wherein it is stated that the FIR has been registered under sub-section (2) of section 106 of the BNS.

The bench said that the petitioner is at liberty to place a copy of this order before the Director General of Police, Assam.

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