Kush Kalra v. Union of IndiaoI And Anr. WP(C) No. 958/2022
FACTS: In this Writ Petition, 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. The petition challenged Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned. Parliament, while enacting the Bhartiya Nagarik Suraksha Sanhita, 2023 has incorporated the provisions of Section 66 which addresses the grievance. The corresponding provision in the BNSS, Section 66, does not use the term "male", enabling any adult family member to receive the summons. As per the petition, the exclusion of female family members to receive summons on behalf of the summoned person violates the women's right to equality guaranteed to them under Articles 14 and 15 of the Constitution of India, the right to know guaranteed to them under Article 19(1)(a) of the Constitution of India, and right to dignity guaranteed to them under Article 21 of the Constitution of India.
Issue: whether only male members can receive summons as per BNSS?
Observation: The Supreme Court decided a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita(BNSS) 2023, has removed the provision. In that view of the matter, the cause which is sought to be pursued in the Writ Petition has been rendered infructuous.
