BNSS Section 35(3) Notice--Cognizable Offences Punishable With Life Imprisonment--Notice Under Section 35(3) BNSS Cannot Be Issued Nor Bail Granted Solely on That Ground Where Offence Carries Life Imprisonment
A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can only be issued for cognizable offences punishable with imprisonment of less than seven years or extending up to seven years, and not beyond. Where an accused faces a charge carrying imprisonment for life, such as Section 105 of the Bharatiya Nyaya Sanhita (BNS), the bar under Section 480(1)(i) of BNSS operates, and bail cannot be granted without recording specific reasons justifying departure from that bar. Granting bail merely on the ground of service of notice under Section 35(3) BNSS, without adverting to the nature of the offence, is an error of law.
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