Supreme Court: BNSS Removed Discriminatory Provision of CrPC Section Which Says Only Male Family Members Can Accept Summons

The Writ Petition under Article 32 challenged the constitutional validity of Section 64 of the Code of Criminal Procedure 1973 on the ground that it was discriminatory against women by disabling them from accepting summons on behalf of the persons summoned. {Para 1}

2 Similar grievances have been made before this Court earlier.

3. Parliament, while enacting the Bhartiya Nagarik Suraksha Sanhita, 2023 has incorporated the provisions of Section 66 which addresses the grievance.

4. In that view of the matter, the cause which is sought to be pursued in the Writ Petition has been rendered infructuous.

 IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 958 OF 2022

Kush Kalram Vs  Union of India & Anr 

Dated: July 09, 2024.

1 The Writ Petition under Article 32 challenged the constitutional validity of Section 64 of the Code of Criminal Procedure 1973 on the ground that it was discriminatory against women by disabling them from accepting summons on behalf of the persons summoned.

2 Similar grievances have been made before this Court earlier.

3. Parliament, while enacting the Bhartiya Nagarik Suraksha Sanhita, 2023 has incorporated the provisions of Section 66 which addresses the grievance.

4. In that view of the matter, the cause which is sought to be pursued in the Writ Petition has been rendered infructuous.

5. The Writ Petition is accordingly disposed of.

…...…...….......………………....…CJI.

[Dr Dhananjaya Y Chandrachud]

…...…...….......………………....…..J.

[J B Pardiwala]

…...…...….......………………....…..J.

[Manoj Misra]

New Delhi;

July 09, 2024

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