Supreme Court junks plea challenging validity of BNSS provisions on appointment of prosecution officers

The Supreme Court on Wednesday (February 25, 2026) junked a petition challenging the constitutional validity of certain provisions of the BNSS that allow appointment of serving or retired judicial officers as directors, and serving judicial officers as deputy directors of prosecution and assistant directors of prosecution.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and M. Vipul Pancholi said the plea was misconceived and had no legal basis.

The plea filed by petitioner Subeesh P.S. through advocate M.S. Suvidutt challenged the validity of provisions contained in Section 20 sub-clauses (2)(a) & (2)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

“The challenge arises on the ground that the impugned provisions, though purportedly enacted to strengthen the prosecution machinery, in effect subvert judicial independence by inducting members of the judiciary into executive-controlled prosecutorial posts, thereby impermissibly merging judicial and executive functions,” the plea said.

It added that such an induction violates the doctrine of separation of powers, which forms an essential feature of the constitutional scheme.

“The said provisions, therefore, infringe the petitioner’s fundamental rights guaranteed under Articles 14 and 21 of the Constitution and violate the constitutional mandate embodied in Articles 50 and 235 thereof,” the writ petition said.