KUSH KALRA V. UOI AND ANR. WP(C) NO. 958/2022
FACTS: The petitioner challenged Section 64 of the Code of Criminal Procedure, 1973, on the grounds that it was discriminatory against women, as it precluded them from accepting summons on behalf of the person summoned. The petition argued that this provision violated the principles of gender equality enshrined in Articles 14 and 15 of the Constitution of India, the right to know under Article 19(1)(a), and the right to dignity under Article 21. However, Parliament, in enacting the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), addressed this grievance by incorporating Section 66, which does not limit the acceptance of summons to male family members alone. The revised provision allows any adult family member to receive summons.
ISSUES: Whether the BNSS restricts the acceptance of summons to only male members of a family.
OBSERVATION: The Supreme Court has considered the petition challenging the gender-discriminatory provision of the Code of Criminal Procedure, 1973. The Court noted that the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces the Code, has eliminated the contested provision. Consequently, the issues raised in the writ petition have been rendered moot.