Criminal Law

Supreme Court Rules Dead Witness Testimony Admissible Against Absconded Accused Under Section 299 (now Section 335, BNSS) CrPC The Supreme Court of India has held that a deceased victim's deposition, recorded during the trial of co-accused persons, can be used as evidence against an absconding accused under Section 299 (now Section 335, BNSS) of the Code of Criminal Procedure, 1973 (CrPC), and that no formal order from a Magistrate is required to record compliance of the cond

The Supreme Court of India has directed that bail orders must be communicated to jail authorities on the same day they are pronounced, ensuring that accused persons granted bail are released on the same day or, at most, the next day. In Pila Pahan @ Peela Pahan and Others v. State of Jharkhand, a bench led by Chief Justice Surya Kant and Justice Bagchi issued directions on May 29, 2026, addressing systemic delays in the communication and execution of bail orders. The Directio

The Supreme Court of India, in a judgment delivered on July 9, 2026, has ruled that a school official who receives a direct complaint of sexual assault from a child cannot avoid criminal liability by conducting a private "verification" and concluding that nothing happened. In Linda Sema and Others v. State of Arunachal Pradesh (SLP Criminal No. 4772/2024), a bench of Justices Manoj Misra and K.V. Viswanathan set aside the discharge of school officials charged under Section 21

The Supreme Court on July 9, 2026, set aside the discharge of a school official accused of failing to report a child's complaint of sexual assault, holding that conducting a private verification and concluding that 'nothing had happened' does not absolve a person of criminal liability under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Facts of the Case The case arose from allegations that an eight-year-old girl studying at a school in Aruna

The Supreme Court on July 9, 2026, indicated that it may refer to a larger bench the question of whether grounds of arrest must mandatorily be supplied in writing to the accused at the time of arrest. The bench of Justices Manoj Misra and Shree Chandrashekhar noted that different Supreme Court benches have delivered conflicting judgments on this fundamental issue of criminal procedure. The Meghalaya Honeymoon Murder Case The issue arose in the context of the State of Meghalay

On July 7, 2026, the Gujarat High Court upheld the death sentences of 38 convicts in the 2008 Ahmedabad serial bomb blasts case, one of India's deadliest coordinated terror attacks. A Division Bench comprising Justices A.Y. Kogje and Samir Dave confirmed the Special Court's February 8, 2022 verdict, which had convicted 49 of the 77 accused and awarded 38 death sentences alongside 11 life imprisonment terms. Background: The 2008 Ahmedabad Serial Blasts On July 26, 2008, 21 bom

The Faizabad Bar Association has filed a formal criminal complaint seeking the registration of a First Information Report against key officials of the Shri Ram Janmabhoomi Teerth Kshetra Trust over the alleged theft of donations received at the Ram Temple in Ayodhya. The complaint names former General Secretary Champat Rai, former Trustee Anil Mishra, and administrator Gopal Rao, alleging a well-planned conspiracy to embezzle donation money. Background: The Original FIR and A

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

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

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

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

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

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

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

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