Insights & Legal Commentary

Criminal Jurisprudence 7 Min Read • By Nyaysaarathi Research Team

The replacement of the Code of Criminal Procedure (CrPC) 1973 with the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 marks one of the most consequential procedural shifts in Indian criminal jurisprudence. For advocates and litigants alike, understanding the practical implications during trial and investigation is crucial.

1. Mandatory Electronic & Forensic Procedures

Under BNSS, forensic videography during searches and seizures has been given statutory mandate. Electronic records, summons via designated digital portals, and strict timelines for preliminary inquiries under Section 173(3) alter how pre-cognizance proceedings must be guarded against evidentiary spoliation.

2. Bail Protections & First-Time Offenders

BNSS introduces codified statutory benefits for first-time undertrials (Section 479), permitting release on bond upon serving one-third of the maximum sentence. However, the operational interplay between multiple offenses and police custody extensions requires vigilant scrutiny during initial remand hearings.

3. Tactical Takeaway for Defense Counsel

Litigants must immediately preserve digital evidence, ensure time-stamped representations to investigating officers, and invoke Section 482 / BNSS 528 quashing petitions when purely civil transactions are unlawfully cloaked in criminal garb.

Military & Veteran Jurisprudence 6 Min Read • By AFT Practice Division

A widespread injustice encountered by retiring military personnel is the summary denial of disability pension by Record Offices, commonly stating that ailments (such as Primary Hypertension, CAD, or Disc Desiccation) were contracted in peace stations and are therefore “Neither Attributable Nor Aggravated” (NANA) by military service.

1. The Dharamvir Singh Landmark Doctrine

In the historic ruling of Dharamvir Singh v. Union of India (2013), the Supreme Court held that if a service member was enrolled in medical category 'SHAPE-1' without any recorded note of pre-existing ailment, any disability emerging during military service is legally presumed to have arisen out of military conditions unless conclusively disproved by the authorities.

2. Entitlement to Broad-Banding (Rounding Off)

Following Union of India v. Ram Avtar (2014), personnel with assessed disabilities of less than 50% are entitled to rounding off to 50%, while disabilities between 50%–75% are broad-banded to 75%. Our chambers routinely file Original Applications before the AFT Principal Bench to enforce retrospective arrears and correct pension calculations.

Civil Execution Strategy 5 Min Read • By Civil Litigation Desk

Many decree holders discover to their dismay that obtaining a judgment is merely the prologue. Judgment debtors frequently attempt asset siphoning, benami conveyancing, or procedural delay tactics under Order XXI of the Code of Civil Procedure.

At Nyaysaarathi Legal LLP, we initiate simultaneous execution protocols: obtaining pre-execution asset disclosure affidavits under Order XXI Rule 41 CPC, garnishee orders against corporate bank accounts, and appointment of local commissioners for instantaneous attachment before properties are encumbered.