High Court Exceeded Bail Jurisdiction under Section 483 BNSS — (2026) INSC 511
The High Court's power under Section 483 BNSS is limited to deciding whether an accused should be released on bail or remain in custody.
Ram Balak v. State of U.P. — (2026) INSC 511Core Argument
The High Court's power under Section 483 BNSS is limited to deciding whether an accused should be released on bail or remain in custody. The directions issued regarding service of summons, coercive measures, and departmental accountability are beyond the scope of bail jurisdiction and are ultra vires.
Key Precedents
- State of U.P. v. Anurudh 2026 SCC OnLine SC 40 — Supreme Court held that the High Court's directions in a bail matter mandating scientific age determination under POCSO Act were beyond the scope of Section 439 CrPC; distinguished between constitutional power and statutory power; held that a court's jurisdiction under bail provisions is limited to adjudicating the question of release or detention.
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BENCH QUESTION
What distinguishes this case from earlier precedents on the same point?
OPPOSITION COUNTER
The ratio in this case was expressly limited to its facts by the bench itself...
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