Protection Under Section 35(3) of BNSS, 2023, Extended to MP Amidst Parliamentary Obligations
In a significant development, the Calcutta High Court has extended interim protection to Member of Parliament Mahua Moitra in connection with a criminal case lodged against her under the Bharatiya Nyaya Sanhita, 2023. The court, presided over by Justice Saugata Bhattacharyya, has ruled that Moitra is entitled to protection under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given that the alleged offenses carry punishments below seven years of imprisonment.
The case, registered as Hogolberia P.S. Case No.150 of 2026, involves charges under Sections 196, 299, and 353 of the Bharatiya Nyaya Sanhita, 2023. Moitra, represented by senior advocate Ayan Bhattacharjee, sought the court's intervention to quash the criminal proceedings, arguing her entitlement to protection under the newly enacted legal provisions due to the nature of the charges.
In light of Moitra's parliamentary commitments, the court has allowed her to appear before the Investigating Officer on August 14, 2026, following the conclusion of the monsoon session of Parliament. Justice Bhattacharyya emphasized that no coercive action should be taken against Moitra until October 5, 2026, provided she cooperates with the investigation.
The state, represented by Advocate General Surojit Nath Mitra, expressed opposition to the writ petition, citing Moitra's previous non-compliance with notices issued under Section 35(3). Despite this, the court directed the police to ensure Moitra is not subjected to any form of harassment, such as egg pelting, during her appearance before the Investigating Officer.
The case is scheduled for further consideration on October 1, 2026, with the court granting liberty to the state to report any non-cooperation by Moitra with the investigation.
Bottom Line:
Protection under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 can be granted to the petitioner in cases where the prescribed punishment under the relevant sections is below seven years, provided the petitioner cooperates with the investigation and complies with notices.
Statutory provision(s):Bharatiya Nyaya Sanhita, 2023 Sections 196, 299, 353, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35
Mahua Moitra v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2944664
