Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory bail — Liberty to approach jurisdictional Court — Interim protection against coercive steps.
Where petitioners/accused directly approached High Court seeking anticipatory bail in crime registered for alleged abetment of suicide under Section 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, and petitioners submitted before Court that they may be permitted to approach jurisdictional Court by filing appropriate application, the High Court disposed of Criminal Petition granting liberty to petitioners to move concerned Court within four weeks and directed police not to take coercive steps till such application is filed and decided.
— Paras 6 & 7.
Bharatiya Nyaya Sanhita, 2023 — Section 108 read with Section 3(5) — Alleged abetment of suicide — Mere admonition or objection to relationship — Prima facie ingredients of instigation not disclosed.
Petitioners, being cousin brothers of girl allegedly in relationship with deceased, were accused of taking deceased to town, beating and threatening him, resulting in mental distress leading to consumption of pesticide. Petitioners contended that at most they only admonished deceased for allegedly harassing girl in name of love and that allegations, even if accepted at face value, did not disclose ingredients of abetment, instigation or intentional aid required under Section 108 BNS.
— Paras 2 & 4.
Anticipatory bail — Investigation at nascent stage — Interim balancing approach adopted.
Learned Assistant Public Prosecutor opposed grant of anticipatory bail on ground that investigation was at initial stage. High Court adopted balanced approach by not granting anticipatory bail outright but protecting petitioners from coercive steps for limited period enabling them to approach jurisdictional Court.
— Paras 5 & 7.
Abetment of suicide — Essential ingredients — Instigation, intentional aid or active participation necessary.
The petitioners contended that prosecution allegations lacked essential ingredients constituting abetment of suicide since there was no allegation of intentional instigation, active provocation or aiding commission of suicide by deceased.
— Para 4.
Exercise of inherent powers — Protection from arrest pending approach to competent Court.
While disposing Criminal Petition, High Court exercised inherent jurisdiction to protect petitioners from coercive action temporarily so as to facilitate filing of regular anticipatory bail application before competent jurisdictional Court.
— Para 7.
Held :
Petitioners/accused were granted liberty to approach concerned jurisdictional Court within four weeks by filing appropriate bail application and, till such application is filed and decided, respondent-police were directed not to take coercive steps against petitioners in FIR No.17 of 2026 registered for offence under Section 108 read with Section 3(5) BNS.
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