How does Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bear on the interpretation of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986?

Harmoniously reading Section 12 of the Gangsters Act with Section 346 of the BNSS, which mandates that proceedings continue from day-to-day until all witnesses in attendance are examined, the conclusion is irresistible that Section 12 contemplates precedence for the Gangsters Act trial only in the event of a clash of dates.

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 — Section 12 — Article 21 — speedy trial — clash of dates — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346 — Section 12 — Gangsters Act — clash of dates — Held: Section 12 of the Gangsters Act does not freeze proceedings in other cases against the accused until the Gangsters Act trial concludes; its purpose is only to indicate that, in the event of a clash of dates, the proceedings under the Gangsters Act were to get priority. (¶19) Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346 — day-to-day trial — Held further: Read harmoniously with Section 346 of the BNSS, which mandates that proceedings continue from day-to-day until all witnesses in attendance are examined, Section 12 of the Gangsters Act contemplates precedence only where dates actually clash. (¶22) Article 21 — victim's right to speedy trial — Held further: The right to speedy trial under Article 21 of the Constitution of India is not only the prerogative of the accused but is also a valuable right of the victim, and an interpretation of Section 12 that freezes other trials would render it ultra vires Article 21. (¶23) no clash of dates — appeal allowed — Held further: Since the Gangsters Act trial had not even begun while the sessions trial for murder was on the verge of conclusion, there was no clash of dates warranting abeyance; the impugned order was set aside and the appeal allowed. (¶25, ¶27)

One judgment a day. That's the whole habit.

Read the full text of KESHVENDRA SINGH v. SHANKAR SINGH AND ANR — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Free forever plan · 30 seconds · data stays in India