10 July 2025 Writ Petition >> Criminal Law  

A recent writ petition challenged a lower court's judgment of conviction under Section 385 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) in the matter of Sushma Anand Shukla for Suraj Anand Shukla v/s The State of Maharashtra, Through Senior Police Inspector, Bundgarden Police Station & Another. The petitioner, Suraj Anand Shukla, was convicted by a Joint Civil Judge (Junior Division) and Judicial Magistrate First Class for contempt of court.

The High Court entertained the petition due to exceptional circumstances, specifically the allegation that the Magistrate had usurped power by directly convicting the petitioner under Section 385 BNSS, whereas typically an appeal would be filed. The court noted that a writ petition is permissible when fundamental rights are violated.

The core issue revolved around the procedure for contempt. The petitioner was arrested in connection with another criminal case and, during his production before the Magistrate, uttered derogatory words towards the judge. For this, he was convicted under Sections 384 and 385 of the BNSS and sentenced to a fine of Rs. 1000 and 7 days of simple imprisonment.

The High Court found merit in the argument that for a conviction under Section 385 BNSS, the procedure outlined in Section 391 BNSS must be followed. This procedure requires the judge to refer the case to the jurisdictional Magistrate rather than imposing the conviction themselves. Since this was not done, the conviction under Section 385 BNSS was deemed unsustainable.

Consequently, the High Court partially allowed the writ petition, setting aside the conviction under Section 385 BNSS. The court also addressed a related issue concerning the postponement of the police custody remand prayer, ruling that it was improper for the Magistrate to deal with the remand request while the petitioner was undergoing a sentence for contempt, as this would create a conflict of custody.

The High Court ordered the petitioner to be produced before a different Magistrate for remand in the original criminal case (C.R. No. 210/2025) once he is released from jail. The Superintendent of Yerwada Police Station was directed to release him and inform the Bundgarden Police Station of his release.

Section 385, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

Section 391, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023