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Criminal Law Update: Key BNSS Rulings of 2026

By Nihar Agarwal, Advocate · Wise & Partners, District Court, Surajpur, Greater Noida

Last reviewed: 15 October 2026. General information only, based on secondary reports; verify against the judgment before relying on it.

Arrest and bail

  • Arrest is the exception for offences up to 7 years. The Supreme Court has reiterated that, for offences punishable up to seven years, arrest is not the rule and the notice under Section 35(3) BNSS is mandatory.
  • Section 480(3) BNSS. The additional bail conditions in this provision do not apply to offences punishable up to seven years’ imprisonment.
  • Anticipatory bail (9 Feb 2026, 2026 INSC 145). Protection ordinarily continues until the end of trial and does not lapse on filing of the charge-sheet.
  • Default bail (1 Jul 2026). Non-supply of a charge-sheet copy is not a ground for default bail under Section 187(3) BNSS.

Cognizance and investigation

  • Section 223(1) proviso is mandatory. In complaint cases, a Magistrate must hear the accused before taking cognizance; cognizance without that hearing is void.
  • Further investigation. After a final report is filed, the Court’s permission is needed for further investigation.
  • Discharge and framing of charge. The standards under the old CrPC continue to apply under the BNSS.

Institutional

  • 24 Feb 2026. The Supreme Court dismissed a challenge to Section 20(2)(a) BNSS, which allows Sessions Judges to be appointed as Directors of Prosecution.
  • Challenges to other BNS and BNSS provisions, including Section 152 BNS, remain under examination.

Sources

Disclaimer: As per Bar Council of India rules, advocates may not solicit work or advertise. This post is general information, not legal advice or solicitation.

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