BNSS/CRPC
24-Hour Clock For Production Runs From Formal Arrest Where Pre-Arrest Detention Is Statutorily Authorised: Kerala High Court Issues Guidelines
The Kerala High Court has issued a slew of guidelines that must be followed upon the arrest of persons in order to safeguard their constitutional and statutory rights. [2026 LiveLaw (Ker) 463]Dr. Justice Kauser Edappagath, while considering a batch of bail applications, further clarified that an accused has to be produced before the Magistrate only within 24 hours of formal arrest, and not...
Juvenile Sent To Judicial Custody In 5-Yr Offence: Allahabad High Court Warns Police, Magistrates Against Careless Arrests, Remands
The Allahabad High Court has once again cautioned police authorities and Judicial Officers against a "careless or callous approach" in matters of arrest and remand where the offence carries a maximum punishment of up to 7 years.The Court's observation was in relation to a habeas corpus plea concerning a juvenile who was repeatedly sent to judicial custody in a case where the maximum...
'Taking Liberty Of Citizens For Granted': Karnataka High Court Raps Police For Arresting Man Despite Notice To Appear Two Days Later
The Karnataka High Court has on August 25 [Tuesday] termed the simultaneous arrest of a person despite a statutory notice issued earlier under Section 35(3) of the BNSS, directing him to appear on a future date, as a 'classical illustration' of illegal arrest.The single judge bench of Justice M Nagaprasanna, while hearing the petition challenging the arrest and FIR, observed that the...
'Maintenance For Autistic Child Cannot Automatically Stop At 18 Yrs, Must Continue Till Child Is Capable To Earn': Chhattisgarh High Court
The Chhattisgarh High Court has held that mere attainment of majority cannot, by itself, result in automatic cessation of the right to receive maintenance in the case of a child suffering from a physical or mental abnormality or disability and unable to maintain himself. The Court observed that the relevant consideration would be whether, after attaining majority, such person is capable...
'No Coercive Steps' Order Does Not Bar Filing Of Charge Sheet : Supreme Court
An interim protection order only implies that no arrest shall take place; however would not bar the filing of a charge sheet, the Court said.
Cult Fitness Takeover: Co-Founder Rishabh Telang Moves Karnataka High Court To Quash Cheating, Forgery FIR
The Karnataka High Court on Tuesday (August 25) issued notice on a petition filed by Cult.fit co-founder Rishabh Telang, seeking to quash an FIR registered against him by Bellanduru Police on allegations including cheating, forgery, criminal breach of trust and falsification of accounts.Justice M. Nagaprasanna directed notices to the State and complainant Deepak Poduval, who is...
Grant Of Bail In Serious Offences Like Murder Must Record Justifiable Reasons : Supreme Court
The Supreme Court recently set aside the bail granted to the two accused persons in a murder case, noting that the bail order was a result of a non-application of mind, as the Courts below ignored the vital evidence which prima facie showed the involvement of the accused in the crime. “The law in regard to grant or refusal of bail is very well settled. The court granting bail should...
Allahabad High Court Flags Police Non-Compliance With S. 105 BNSS Videography Mandate For Search & Seizure
The Allahabad High Court (Lucknow Bench) recently flagged police non-compliance with the statutory mandate under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring audio-video recording of search and seizure proceedings. A bench of Justice Rajeev Bharti made the observation while granting interim anticipatory bail to four accused in a case under Sections 3/5A/8 of...
Accused On Interim Bail Cannot Be Arrested Merely Because New Offences Are Added: Allahabad High Court Orders Inquiry Against Cop
The Allahabad High Court has observed that an accused who is already on interim bail in a case cannot be arrested merely because additional offences have been added during the course of investigation, without the police first approaching the concerned court for appropriate orders. A Bench of Justice Samit Gopal termed the arrest of an accused, while on interim bail, booked under...
'No Action Against Consensual Sex Work': Chhattisgarh High Court Quashes Immoral Trafficking Case Against Sex Worker
The Chhattisgarh High Court has held that where it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action. The Court observed that continuation of the criminal proceedings based on such a basis would amount to subjecting a woman to the very harassment against which the Supreme Court had issued...
Supreme Court Stays PMLA Trial Against J&K Officer
The Supreme Court has stayed the proceedings before the Special Court (Srinagar) under the Prevention of Money Laundering Act, 2002 (PMLA) against Tariq Ahmad Ganaie, after the petitioner raised the lack of prior sanction as required under Section 197 of the Code of Criminal Procedure, 1973 (CrPC, now Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The provision mandates...
