On 19 May 2026, a two-judge bench held that the first proviso to Section 223(1) BNSS — requiring the accused to be heard before cognizance is taken on a complaint — is a mandatory, substantive Article 21 right; cognizance without compliance is void ab initio, and the rule applies to PMLA complaints where cognizance is taken on or after 1 July 2024 even if the complaint was filed earlier.
On 28 May 2026, a two-judge bench held that the recall power under Section 311 CrPC cannot be used to plug defence lacunae or re-traumatise a rape prosecutrix four years after her cross-examination.
A 74-year-old man, diagnosed with Alzheimer's dementia, was facing prosecution under the Prevention of Corruption Act. Justice K. Babu of the Kerala High Court held that the wider protection in the BNSS for accused suffering from intellectual disability — including dementia — applies retrospectively to proceedings initiated before 1 July 2024. A digest of the doctrinal point, the BNSS / CrPC comparison, and its reach.