Supreme Court Dismisses Challenge to BNSS Provisions on Prosecution Officer Appointments

On February 25, 2026, the Supreme Court dismissed a petition challenging provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that permit appointing serving or retired judicial officers to prosecutorial roles. The petitioner argued these provisions undermine judicial independence and violate constitutional principles, including separation of powers and fundamental rights. However, a bench led by Chief Justice Surya Kant ruled the plea was misconceived and lacked legal basis, allowing the BNSS provisions to stand.