Polity · 5 Aug 2026

BNSS Section 360 FIR withdrawal

Consider the following statements:

  1. Withdrawal of prosecution under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is provided for under Section 360, replacing the corresponding provision of the earlier Code of Criminal Procedure.
  2. The Puttaswamy judgment established a threefold test of legality, necessity and proportionality for any state action involving the collection or use of personal biometric data.
  3. Article 19(1)(b) of the Constitution protects the right to assemble peaceably and without arms.
  4. The Supreme Court, in its clarification on the July 20 protest FIRs, ruled that facial recognition technology used without consent is unconstitutional.

How many of the above statements are correct?

AOnly one
BOnly two
COnly three
DAll four

Tests the ability to distinguish between what a court has actually decided versus what remains pending - a nuanced analytical skill UPSC increasingly rewards in current-affairs-linked polity questions.

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About this question

Why in news

The Supreme Court clarified on August 3 that "criminal antecedents" means only grave and heinous offences, allowing states to withdraw FIRs against July 20 Sansad Chalo protesters, while deferring the facial recognition privacy question to August 18.

Why for UPSC

This forces aspirants to separate what the Court actually decided from what remains pending - a classic UPSC technique of testing precise reading of a live legal development rather than the headline takeaway.

Prelims summary

BNSS Section 360 governs FIR withdrawal; Puttaswamy's threefold test governs biometric privacy; Article 19(1)(b) protects peaceable assembly - but the Supreme Court has not yet ruled on facial recognition's constitutionality in this case.

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