Gauhati HC Clarifies 'And' to be Read as 'Or' u/s 482(4) of BNSS, Restricting Anticipatory Bail in Rape Cases

The Gauhati High Court ruled that the term "and" in Section 482(4) of the BNSS, 2023, should be interpreted as "or" to align with legislative intent.

This means that a person accused under either Section 65 (rape of a girl under 16) or Section 70(2) (gang rape of a girl under 18) of the BNS, 2023, is not entitled to anticipatory bail.

Justice Mridul Kumar Kalita emphasized that requiring both charges for the bail restriction would be illogical, as simultaneous accusations under both sections are improbable.