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Tuesday, 13 October 2026

BNSS Statutory Timelines, Electoral Scrutiny & Constitutional Freedoms

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Today's legal brief highlights a critical interpretation of statutory prosecution sanctions under the newly enacted Bharatiya Nagarik Suraksha Sanhita alongside high-stakes constitutional interventions at the Supreme Court. From procedural defaults under PMLA trials to judicial safeguards protecting democratic dissent, here are the key legal developments shaping Indian jurisprudence.

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Section 218 BNSS: State's Failure to Decide Sanction Within 120 Days Deemed Approval, Rules Indore PMLA Court

In an impactful interpretation of Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Special PMLA Court in Indore has ruled that the state's omission to grant or refuse prosecution sanction within the mandatory 120-day window results in deemed sanction. This ruling curtails executive procrastination, resolving a long-standing procedural bottleneck that previously stayed or delayed anti-corruption and money laundering prosecutions under the erstwhile Code of Criminal Procedure. By enforcing strict statutory consequences on bureaucratic delays, the decision establishes a pivotal precedent that directly impacts the rights of public servants and the procedural efficacy of investigating agencies.

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