Supreme Court Applies BNSS to Protect Retired Army Officer from Arrest in False Complaint Allegation.


06 November 2025
In Pal Singh v. State of Punjab (Criminal Appeal No. of 2025, arising from SLP (Crl.) No. 7942 of 2025), the Supreme Court of India recently set aside an order of the Punjab and Haryana High Court that had rejected the anticipatory bail plea of a retired Army officer accused of offences under Sections 354-A, 354-D, and 509 of the Indian Penal Code, and Section 11 of the Protection of Children from Sexual Offences Act.

The Bench, comprising Justice B.V. Nagarathna and Justice R. Mahadevan, granted anticipatory bail to the appellant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), considering that the investigation was complete and a chargesheet had been filed, hence diminishing the need for custodial interrogation.


 

 

The appellant had earlier approached the High Court seeking anticipatory bail after being implicated in a case filed at Police Station Sadar, Shri Muktsar Sahib, Punjab. He contended that the complaint was motivated and lodged with mala fide intent, as he had raised issues of alleged financial irregularities in the school where he had been involved. The High Court refused relief, prompting the appeal before the Supreme Court.

In the course of the hearing, the Supreme Court observed that interim protection had already been granted earlier and that the appellant had diligently cooperated with the investigation. The Bench recorded that since the chargesheet had been filed on August 25, 2025, there was no justification for denying the protection of anticipatory bail.

Consequently, the Court allowed the appeal, setting aside the High Court’s decision. It directed that, in the event of arrest, the appellant be released on bail upon furnishing a cash security of Rs. 25,000 with two sureties of like amount. The order further required the appellant to cooperate during trial, refrain from influencing witnesses, and avoid tampering with evidence.


Section 354., Indian Penal Code - 1860  

Section 509., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 11, Protection of Children from Sexual Offences Act - 2012  

Protection of Children from Sexual Offences Act, 2012  

Section 482, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023