Criminal Law

Securing bail in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is significantly harder than in most other criminal cases. Section 37 of the NDPS Act imposes strict twin conditions that must be satisfied before bail can be granted in cases involving commercial quantities of drugs. This guide explains the Section 37 framework, the distinction between commercial and non-commercial quantities, the default bail route under the BNSS, and recent Sup

On July 27, 2026, the Supreme Court of India, in State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju (2026 LiveLaw SC 722), clarified the scope of Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. A bench comprising Justices Vikram Nath and Sandeep Mehta held that while an arrested person is entitled to meet an advocate of their choice during interrogation, this right does not extend to having the advocate continuously present throughout the interr

Indian courts generally require parties to appear in person on each date of hearing. However, both criminal and civil law provide mechanisms through which a party may seek exemption from personal appearance, allowing an advocate to appear on their behalf. In criminal proceedings, Section 228 and Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 govern this process. In civil proceedings, the Code of Civil Procedure, 1908 permits appearance through a recognised

When an accused person believes that the charge sheet filed against them does not disclose sufficient grounds for proceeding, they have the right to seek discharge from the criminal case. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for discharge at multiple stages depending on the type of case and the court trying it. This guide explains the legal framework, the standard for discharge, the procedure for filing a discharge application, and key judicial princip

When police refuse to register an FIR or fail to take action on a cognizable offence, the law provides an alternative remedy. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 200 of the Code of Criminal Procedure, allows any private person to file a criminal complaint directly before a Magistrate. This guide explains the eligibility, procedure, and critical changes introduced by the BNSS for private criminal complaints in India. What

The Bombay High Court, in Ajay Kisan Dungarshi @ Pintu v. State of Maharashtra (Writ Petition No. 3475 of 2026), has upheld the Maharashtra Government's decision to classify a life convict under the stricter 26-year imprisonment category. The convict had been sentenced for murdering a woman who had refused to marry him. The Court held that the nature of the crime, characterised by "exceptional violence," warranted placement in the more stringent remission category rather than

Remission of sentence is a legal mechanism that allows a convicted person to be released from prison before completing the full term of imprisonment. It is an exercise of executive discretion by the appropriate government, whether Central or State, typically on grounds such as good conduct, health conditions, or rehabilitation. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provisions governing remission are found in Sections 473 to 475, replacing the earlier

The Punjab and Haryana High Court has granted bail to a woman accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, involving the recovery of over 10 kilograms of heroin allegedly dropped by a drone from Pakistan. The Court held that the accused's arrest appeared, prima facie, to have been effected without communicating the grounds of arrest to her or her nominated relative, as mandated under Article 22(1) of the Constitution. The ruling, de

The Supreme Court of India has proposed the establishment of special courts to fast-track the trial of cases arising from the ethnic violence in Manipur, which has plagued the northeastern state since May 2023. The bench, while expressing concern over the inordinate delay in investigations, directed the Central Bureau of Investigation (CBI) and Special Investigation Teams (SITs) to hasten their probes and ensure timely filing of chargesheets. The Court emphasized that day-to-

When an individual is released on bail in a criminal case, travel restrictions are often imposed as a standard condition. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, courts routinely impose conditions prohibiting the accused from leaving India without prior permission. If an accused person on bail needs to travel abroad for medical treatment, education, professional obligations, or other pressing reasons, a separat

The Prevention of Money Laundering Act, 2002 (PMLA) is India's primary legislation for combating money laundering. The Act criminalises the process of disguising the proceeds of crime as legitimate funds. Unlike most criminal offences where complaints can be filed directly by individuals, proceedings under the PMLA follow a distinct mechanism involving the Enforcement Directorate (ED) and require the existence of a predicate offence. This guide explains the process for report

The Karnataka High Court has refused to quash an FIR registered against a lawyer accused of impersonating a police officer and extorting Rs 5 lakh from a labourer. The Court held that the allegations in the complaint prima facie disclose the commission of cognisable offences that warrant further investigation, and declined to exercise its inherent powers to interfere at this stage. The ruling, cited as 2026 LiveLaw (Kar) 262, reinforces the principle that courts should be slo

The Supreme Court of India, in a significant ruling delivered on July 21, 2026, set aside the death penalty imposed on Dr. Abdul Hameed in connection with the 1996 Samleti bus bomb blast case. A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta ordered a de-novo (fresh) trial, holding that the accused had been denied effective legal representation during the original proceedings. The Court also acquitted co-accused Pappu, also known as Salim, bringing par

On July 20, 2026, the Supreme Court of India stayed a Delhi High Court order that had permitted accused Devangana Kalita to inspect electronic evidence collected by the Delhi Police but not relied upon by the prosecution in the larger conspiracy case linked to the 2020 Delhi riots. A bench of Justice Aravind Kumar and Justice Alok Aradhe passed the interim stay while hearing a challenge filed by the Delhi Police against the High Court's June 6 ruling. The decision highlights

A fair trial is a fundamental right guaranteed under the Constitution of India. When circumstances make it impossible for an accused person, a complainant, or a witness to receive a fair hearing in a particular court, the law provides a mechanism to transfer the case to another court. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, Chapter XXXIII (Sections 446 to 452) deals with the transfer of criminal cases and appea