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Criminal Law


Allahabad HC Slams UP Police for Flouting SC Arrest Guidelines Under Satender Antil
Allahabad HC Slams UP Police for Flouting SC Arrest Guidelines Under Satender Antil The Allahabad High Court has delivered a series of sharp rebukes to the Uttar Pradesh Police for systematically flouting the Supreme Court's arrest guidelines laid down in Satender Kumar Antil v. Central Bureau of Investigation (2026 INSC 115). In multiple cases heard in recent months, the Court has found that police officers are making arrests in defiance of the mandatory requirement under Se
Kaustav Chowdhury
5 min read


Delhi Court Rejects Umar Khalid, Sharjeel Imam Bail in 2020 Riots UAPA Case
Delhi Court Rejects Umar Khalid, Sharjeel Imam Bail in 2020 Riots UAPA Case On 4 July 2026, Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts in Delhi dismissed the fresh bail applications of Umar Khalid and Sharjeel Imam, both accused in the alleged larger conspiracy case related to the 2020 North East Delhi riots. The Court held the applications to be "not maintainable" in light of a binding Supreme Court order from January 2026, which restricted the trial c
Kaustav Chowdhury
4 min read


West Bengal Passes Public Safety and Anti-Social Activities Bill 2026
West Bengal Passes Public Safety and Anti-Social Activities Bill 2026 On June 29, 2026, the West Bengal Assembly passed the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, with 176 votes in favor and 41 against. The legislation significantly expands the state's powers to deal with organised crime, enabling preventive detention for up to one year, externment orders, and seizure and confiscation of properties linked to anti-social activities. The bil
Kaustav Chowdhury
4 min read


Supreme Court Holds RPA Penal Provisions Do Not Apply to Municipal Elections
Supreme Court Holds RPA Penal Provisions Do Not Apply to Municipal Elections The Supreme Court of India, in Chandrikaben Kishor Dafda v. State of Gujarat & Anr. (2026 INSC 665), decided on July 1, 2026, held that the penal provisions of the Representation of the People Act, 1951 (RPA) do not apply to municipal elections. The ruling by a bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh resolves a recurring question about whether candidates accused of filing false
Kaustav Chowdhury
4 min read


How to File a Complaint Against a Police Officer in India: BNSS Process and Authorities
Filing a complaint against a police officer in India is possible through several clear channels, from approaching a senior officer to invoking the courts and independent oversight bodies. The law does not place police personnel above accountability: any person can set the criminal law in motion against an officer whose conduct discloses an offence, and there are dedicated remedies where a police station refuses to act. This guide explains how to file a complaint against a pol
Kaustav Chowdhury
4 min read


How to Quash an FIR in India: Section 528 BNSS, Grounds and the Court Process
To quash an FIR in India is to ask the High Court to terminate a criminal case at its root when continuing it would be an abuse of the legal process or would defeat the ends of justice. The power to quash an FIR now flows from Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the inherent powers of the High Court that earlier existed under Section 482 of the Code of Criminal Procedure. This guide explains when an FIR can be quashed, the recognised g
Kaustav Chowdhury
4 min read


Supreme Court Cancels Bail in Dowry Death Case: Section 118 Evidence Presumption Cannot Be Ignored
When a court considers bail in a dowry death case, it cannot ignore the statutory presumption that the law attaches to such deaths. The Supreme Court reinforced this position in 2026 by setting aside a High Court order that had granted bail to an accused in a dowry death case without engaging with the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023. The ruling is part of a series of decisions in which the Court has cautioned bail courts against granting
Kaustav Chowdhury
4 min read


Delhi High Court Awards Rs 18.44 Lakh for Custodial Death, Citing State's Heightened Duty of Care Under Article 21
The State bears a heightened constitutional duty to protect the life of every person in its custody, and an unnatural death in custody, even one caused by suicide, attracts public law liability. Applying this principle, the Delhi High Court directed the Delhi Government to pay Rs 18.44 lakh in compensation to the father of a 19-year-old who died while in police custody. The judgment in Shyam Sundar v. State (NCT of Delhi), reported as 2026:DHC:5226, is a strong reaffirmation
Kaustav Chowdhury
4 min read


Supreme Court: Magistrate Need Not Record Pre-Charge Evidence Under Section 244 CrPC in Sessions Cases
A Magistrate is not required to record pre-charge evidence under Section 244 of the Code of Criminal Procedure, 1973 before committing a complaint case that involves an offence triable exclusively by a Court of Session. That is the effect of a Supreme Court judgment delivered on 1 July 2026 in Neeraj Gupta v. Pardeep Kumar Bansal (2026 INSC 660), which clarifies a point of criminal procedure that frequently arises in private complaint cases involving serious offences such as
Kaustav Chowdhury
4 min read


How to File an Anticipatory Bail Application in India Under BNSS 2023
Anticipatory bail is a legal provision that allows a person who apprehends arrest in a non-bailable offence to seek bail in advance, before the arrest actually takes place. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC), anticipatory bail is governed by Section 482 (previously Section 438 CrPC). This guide explains the full process of filing an anticipatory bail application in India. When Can You Apply for Antic
Kaustav Chowdhury
3 min read


Delhi HC Cancels Bail of POCSO Accused School Caretaker in Janakpuri Assault Case
The Delhi High Court has cancelled the bail granted to a 57-year-old school caretaker, Lalit Kumar, accused of aggravated penetrative sexual assault on a three-year-old nursery student under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice Vinod Kumar held that the trial court had failed to adequately consider the child victim's consistent version of events and directed the accused to surrender before the POCSO court. Facts of the Case The incident c
Kaustav Chowdhury
3 min read


Supreme Court: Magistrate Need Not Record Evidence Before Committing Sessions Cases
The Supreme Court has clarified that a Magistrate is not required to record prosecution evidence under Section 244 of the Code of Criminal Procedure, 1973 (CrPC) before committing a complaint case to the Court of Session when the alleged offence is exclusively triable by a Sessions Court. A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh set aside an order of the Punjab and Haryana High Court that had directed a Judicial Magistrate to record such evidenc
Kaustav Chowdhury
3 min read


Supreme Court Rules Mere Presence During Bribe Not Enough to Prove Conspiracy
The Supreme Court of India has ruled that the mere presence of a public servant at the place where a superior officer allegedly accepted a bribe is not sufficient to establish criminal conspiracy under the Prevention of Corruption Act, 1988. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale delivered this significant ruling while dismissing appeals filed by the State of Uttar Pradesh, upholding the acquittal of three Central Excise inspectors by the Allahabad Hi
Kaustav Chowdhury
3 min read


Patna High Court Bars Media From Calling Accused a Mastermind
The Patna High Court has restrained media outlets from portraying contractor Rishu Shree as guilty of orchestrating a tender scam before his trial has even begun. In an order passed in June 2026, Justice Anshul held that referring to the accused using labels such as "mastermind" or "scamster" ahead of a conviction amounts to a media trial that violates the constitutional presumption of innocence. The ruling in Rishu Shree v State of Bihar is a significant reaffirmation of a p
Kaustav Chowdhury
4 min read


Jacqueline Fernandez Withdraws Supreme Court Plea in Rs 200 Crore Money Laundering Case
Actor Jacqueline Fernandez has withdrawn her Supreme Court petition challenging the order that framed a charge against her in a money laundering case linked to an alleged Rs 200 crore extortion run by a conman. A bench of Justices B.V. Nagarathna and Joymalya Bagchi dismissed the matter as withdrawn after her counsel sought permission to take the plea back. The development is a reminder of how charge framing works under the Prevention of Money Laundering Act, 2002 and what op
Kaustav Chowdhury
4 min read


Supreme Court: Cheque Bounce Conviction Under Section 138 Cannot Survive a Full Settlement
A significant ruling on cheque bounce cases has come from the Supreme Court, which held that a conviction under Section 138 of the Negotiable Instruments Act, 1881 cannot be allowed to stand once the complainant and the accused have reached a genuine settlement and the complainant has received the agreed amount in full and final satisfaction. The decision in Gian Chand Garg v. Harpal Singh reinforces that the dishonour of a cheque is at heart a compensatory dispute, and that
Kaustav Chowdhury
3 min read


Supreme Court: Repeated Anticipatory Bail Pleas Without Changed Circumstances Is Abuse of Process
In Vasantha v. State of Tamil Nadu (2026 INSC 513), the Supreme Court of India has delivered a significant ruling on the misuse of anticipatory bail applications. The Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran held that filing three anticipatory bail petitions in quick succession, within a span of three months, without any material change in circumstances, constitutes a clear abuse of process. The court set aside an order of the Madras High Court that had gra
Kaustav Chowdhury
4 min read


How to Apply for Plea Bargaining in India Under BNSS 2023: Process and Eligibility
Plea bargaining is a legal mechanism that allows an accused person to negotiate a mutually acceptable resolution of a criminal case, resulting in a reduced sentence. In India, plea bargaining was first introduced in the Code of Criminal Procedure (CrPC) through the 2006 amendment, and has now been carried forward and refined under Sections 289 to 300 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaces the CrPC. This guide explains the eligibility criteria, a
Kaustav Chowdhury
5 min read


Patna HC Restrains Media from Portraying Bihar Tender Scam Accused as Guilty Before Trial
Patna High Court directs media to stop portraying Bihar tender scam accused Rishu Shree as guilty, upholding the constitutional right to a fair trial.
Kaustav Chowdhury
5 min read


Supreme Court Rules Long Gap Without Repeat Offence Can Justify Sentence Reduction
The Supreme Court of India, in a June 2026 judgment, has reinforced an important sentencing principle: when a long period has passed since the offence and the convict has not been involved in any similar criminal activity, courts may exercise discretion to reduce the sentence. The bench of Justices Prashant Kumar Mishra and N.V. Anjaria modified the sentence of an appellant convicted under Sections 467, 468, and 471 of the Indian Penal Code (forgery-related offences) from fiv
Kaustav Chowdhury
5 min read
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