Criminal Law

The registration of a First Information Report (FIR) sets the criminal law machinery in motion. Once an FIR is lodged, the accused faces investigation, potential arrest, and the social stigma that accompanies criminal proceedings. Recognising the grave consequences of frivolous or vexatious FIRs, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduced a significant safeguard under Section 173(3). This provision empowers the police to conduct a preliminary inquiry befor

In Narayan v. State of Madhya Pradesh, decided on April 27, 2026, the Supreme Court clarified that the mandatory bail conditions prescribed under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, do not apply to non-bailable offences punishable with imprisonment of up to seven years. The ruling by Justices J.K. Maheshwari and Atul S. Chandurkar addresses a widespread misinterpretation by trial courts that had been routinely imposing onerous conditions on

In a significant reaffirmation of fundamental rights, the Supreme Court of India in May 2026 granted bail to a murder accused who had been incarcerated for an extended period without the trial reaching completion. The Court observed that the right to a speedy trial, derived from Article 21 of the Constitution, cannot be infringed regardless of the seriousness of the charges. This ruling underscores the constitutional principle that prolonged pretrial detention, when there is

In a landmark ruling delivered in 2026, the Supreme Court of India held that a Judicial Magistrate does not require prior sanction under Section 196 or Section 197 of the Code of Criminal Procedure, 1973 before directing the registration of a First Information Report under Section 156(3) CrPC. The bench of Justices Vikram Nath and Sandeep Mehta clarified that the requirement of prior sanction operates at the stage of taking cognizance and does not extend to the pre-cognizance

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaced the Criminal Procedure Code, 1973, and introduced significant reforms to bail provisions in India. The new legislation modernizes bail jurisprudence while maintaining constitutional safeguards. This comprehensive guide examines bail provisions under BNSS 2023, recent Supreme Court interpretations, and the practical implications for accused persons and the criminal justice system. Bail in Bailable and Non-Bailable

The Contempt of Court Act 1971 provides a statutory framework for maintaining the authority and dignity of courts and ensuring the administration of justice is not obstructed. Contempt of court can be civil (willful disobedience of court orders) or criminal (scandalizing the court or prejudicing proceedings). Understanding the distinction between these two categories, who may initiate contempt proceedings, available defenses (including the truth defense added by amendment in

The Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the Indian Penal Code, retains the law of criminal conspiracy as a fundamental criminal concept but refines and modernizes its provisions. Section 61 of the BNS (corresponding to Sections 120A and 120B of the IPC) criminalizes conspiracy, recognizing that collective criminal planning poses dangers even before any overt criminal act is committed. Criminal conspiracy occupies a unique position in criminal law, as it punishe

In April 2026, the J&K and Ladakh High Court reaffirmed a cardinal principle of criminal law: bail is the rule and imprisonment the exception. This article explains the legal foundation of the bail principle and what the court's recent decision means for criminal defendants and practitioners. The High Court granted bail to two prominent Ladakh residents who were arrested in connection with the Leh riots, despite serious allegations. The decision did not minimize the gravity

On April 12, 2026, the National Company Law Appellate Tribunal delivered a significant decision in the appeal by Navin M Raheja that clarifies a crucial principle for corporate insolvency: when homebuyers initiate a Corporate Insolvency Resolution Process against a developer, that CIRP must be confined to the specific project where the default occurred and cannot extend to other projects of the same corporate debtor. This ruling provides much-needed clarity for real estate de

The Jan Vishwas (Amendment of Provisions) Bill 2026 represents a transformative shift in India's regulatory enforcement approach. Passed by the Lok Sabha on 1 April 2026 and cleared by the Rajya Sabha on 2 April 2026, this legislation decriminalizes hundreds of minor regulatory offences across 80 central legislation statutes. Instead of imprisonment, non-compliance now attracts civil penalties, administrative warnings, and compliance-based enforcement mechanisms. This reform

India's patent law has undergone a significant transformation in 2026, moving away from criminal penalties toward civil and administrative enforcement mechanisms. Historically, patent violations could result in imprisonment for terms ranging from six months to five years, deterring even marginal breaches. The reformed approach introduces proportionate civil penalties assessed by specialized administrative adjudication officers, with streamlined appeal procedures. This shift a

The Supreme Court has quashed dowry criminal proceedings in cases where dowry allegations lack contemporaneous documentation or specific instances over extended periods before complaint filing. The judgment establishes that the Dowry Prohibition Act requires credible contemporaneous evidence of the prohibited practice, and vague historical allegations unsupported by specific facts do not justify criminal prosecution. Evidentiary Standards for Dowry Allegations The Supreme Co

Anticipatory bail is a crucial safeguard in Indian criminal procedure. When someone apprehends imminent arrest, they can apply to a court for bail in advance. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the Criminal Procedure Code, this remedy is codified in Section 482. Understanding when courts grant anticipatory bail and what conditions they impose is essential for anyone facing potential criminal charges. What Is Anticipatory Bail and Jurisdi

Parliament has passed the Jan Vishwas (Amendment of Provisions) Bill, 2026, marking the largest single-stroke decriminalisation exercise in Indian legislative history. The Lok Sabha approved the Bill on April 1 and the Rajya Sabha on April 3, 2026. The legislation amends 784 provisions across 79 Central Acts administered by 23 Ministries, decriminalising 717 provisions to promote ease of doing business and rationalising 67 provisions to improve ease of living. For businesses,

The right to default bail is one of the most important safeguards against prolonged pre-trial detention in Indian criminal law. In early 2026, the Supreme Court of India clarified that applications for default bail can be decided independently by trial courts and High Courts, without being contingent on or delayed by related proceedings. This clarification, which aligns with a consistent line of precedent from the Ritu Chhabaria decision onward, reinforces the principle that

On 27 February 2026, the Central Electricity Regulatory Commission (CERC) notified the CERC (Terms and Conditions for Purchase and Sale of Carbon Credit Certificates) Regulations, 2026. These regulations mark a watershed moment for India's climate policy: they are the first comprehensive set of rules that govern how carbon credits will be traded on power exchanges in the country. Built on the foundation laid by the Energy Conservation (Amendment) Act, 2022, and the Carbon Cre

The Jan Vishwas (Amendment of Provisions) Bill, 2026 was introduced in the Lok Sabha on March 27, 2026 by the Minister of State for Commerce and Industry, Jitin Prasada. The Bill proposes amendments to 784 provisions across 79 Central Acts administered by 23 Ministries. Of these, 717 provisions are to be decriminalised, replacing imprisonment and criminal penalties with civil and administrative enforcement mechanisms. The remaining 67 amendments target improvements to citizen

India's Narcotic Drugs and Psychotropic Substances Act, 1985 imposes one of the strictest bail regimes in the country's criminal law. Section 37 of the Act creates a specific bar on bail in cases involving commercial quantities of narcotics and certain other offences, and the Supreme Court has consistently held, across a series of 2025 and 2026 decisions, that neither prolonged incarceration nor inordinate delay in trial can override the twin conditions mandated by the sectio

When the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, came into force on July 1, 2024, it replaced the Code of Criminal Procedure, 1973 (CrPC), fundamentally altering the procedural framework within which criminal cases are investigated, prosecuted, and tried in India. The BNSS is one of three new criminal laws enacted by Parliament in 2023, alongside the Bharatiya Nyaya Sanhita (replacing the IPC) and the Bharatiya Sakshya Adhiniyam (replacing the Evidence Act). This art

Post-dated cheques are a common instrument in Indian business. A supplier might accept a post-dated cheque as security for extended credit. A lender might accept a post-dated cheque as part of a loan agreement. When the cheque matures and bounces, disputes arise. Often, the person holding the cheque files a criminal complaint for cheating, transforming what might be a commercial dispute into a criminal prosecution. However, a recent 2026 Supreme Court judgment has provided cr