Criminal Law

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

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

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

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

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

Actor Jacqueline Fernandez has withdrawn her Supreme Court petition challenging the order that framed a charge against her in a money laundering case linked to an alleged Rs 200 crore extortion run by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

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

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

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

Patna High Court directs media to stop portraying Bihar tender scam accused Rishu Shree as guilty, upholding the constitutional right to a fair trial.

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

In a landmark ruling delivered on May 29, 2026 and made publicly available on June 10, 2026, the Delhi High Court quashed both an FIR registered by the Delhi Police Economic Offences Wing and the Enforcement Directorate's money laundering proceedings against NewsClick and its founder Prabir Purkayastha. Justice Neena Bansal Krishna held that the continuation of proceedings amounted to a "gross abuse of the process of law" and constituted an "arbitrary attack and abuse of powe

The Supreme Court has held that a delay in filing a statutory appeal against an externment order can be condoned under Section 5 of the Limitation Act 1963, unless the special law clearly excludes that power. In Jittu Yadav v. State of Chhattisgarh, the Court restored an appeal that the State Government had dismissed only because it was filed beyond the thirty day limit, ruling that special statutes do not automatically shut out the courts' power to condone delay for sufficie

On June 25, 2026, the Karnataka High Court delivered a sharp rebuke to BJP MLA Basangouda R. Patil Yatnal over alleged vulgar remarks he made against actress Ranya Rao. The case has drawn national attention, raising questions about the boundaries of public speech by elected representatives and the legal protections available to women under the newly enacted criminal law framework. Background: The Gold Smuggling Case Involving Ranya Rao Ranya Rao, a Kannada film actress, was a

The Supreme Court has reiterated that anticipatory bail, once granted, ordinarily continues in favour of the accused and does not automatically come to an end merely because a charge-sheet has been filed, cognizance has been taken, or summons has been issued. The court held that the protection should not invariably be limited to a fixed period or tied to a procedural milestone unless special reasons are recorded. The position follows the Constitution Bench ruling in Sushila A