Allahabad High Court Orders Agra Police Commissioner to Detail Training on Bharatiya Nyaya Sanhita, 2023
Last Updated on July 31, 2024 by News Desk
The Allahabad High Court has directed the Agra Division Police Commissioner to submit an affidavit outlining the refresher courses provided to investigating officers regarding the newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code on July 1, 2024.
The directive was issued by a bench comprising Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi during the hearing of a criminal writ petition filed by seven accused seeking to quash an FIR against them in a dowry-cruelty and rape case. The counsel for the accused argued that despite the FIR being registered on July 9, 2024, the provisions of the Indian Penal Code (IPC) were invoked instead of the BNS.
Responding to this submission, the Court ordered the Police Commissioner of Agra Division to file an affidavit detailing the refresher course conducted for all investigating officers in the Commissionerate regarding the new Act.
The Court also considered the arguments presented by the counsel for the petitioners, particularly focusing on petitioner no. 5, who was allegedly falsely implicated in a rape allegation while attempting to mediate between the parties. The counsel suggested referring the matter to the High Court’s Mediation Centre for a possible settlement.
Consequently, the Court instructed the parties to appear before the Mediation Centre on August 1, 2024, at 11:00 AM. Additionally, the Court directed the petitioner to provide a demand draft of Rs. 20,000 to the victim at the mediation and ordered that no coercive action be taken against the petitioners until the next hearing on October 22, 2024.
In related news, the Allahabad High Court recently questioned the Superintendent of Police, Hamirpur, for not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS) in an FIR registered on July 3, 2024, in a rape case, despite the BNS having replaced the IPC.
The Court’s actions underscore the importance of ensuring that law enforcement agencies are adequately trained and updated on significant legislative changes to avoid procedural lapses and ensure justice is served in accordance with the latest legal frameworks.
Written by — Athi Venkatesh AVD
