Supreme Court Quarterly Digest 2026 - Bharatiya Nagarik Suraksha Sanhita (BNSS)

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Supreme Court Quarterly Digest Jan - Mar, 2026 Criminal Jurisprudence – Bail – Unlawful Activities (Prevention) Act, 1967 (UAPA) – Prevention of Money Laundering Act, 2002 (PMLA) – Article 21 of the Constitution of India – Prolonged incarceration of an undertrial accused – Appeal against Delhi High Court order denying bail – Appellant in custody since June 4, 2019, with a combined incarceration of 8 ½ years in NIA and ED cases – Trial proceeding at a "snail's pace" with only 34 out of 248 witnesses examined so far – Held, prolonged detention where a trial is unlikely to conclude within a reasonable time results in undue curtailment of personal liberty under Article 21 – Stringent bail provisions in special statutes (UAPA/PMLA) cannot be used to incarcerate an accused indefinitely without trial – The rigours of such statutory provisions melt down when there is no likelihood of the trial completing in a reasonable time and the accused has undergone a substantial part of the sentence – Considering the appellant's advanced age (74 years), medical ailments, and bleak chances of early trial disposal, Supreme Court enlarged the appellant on bail subject to stringent conditions – Appeal allowed. [Relied on V. Senthil Balaji v. Deputy Director, Enforcement Directorate, 2024 SCC OnLine SC 2626; Union of India v. K.A. Najeeb, (2021) 3 SCC 713; Paras 18-20] Shabir Ahmed Shah v. National Investigation Agency, 2026 LiveLaw (SC) 305 Exceptional Nature of De Novo Trials — A direction for a de novo trial is an exceptional measure and should not be resorted to for mere procedural lapses, especially when a trial has substantially progressed and key prosecution witnesses have since expired - Ordering a fresh trial in the absence of demonstrated prejudice irretrievably prejudices the prosecution and defeats the interests of timely justice. [Relied on Willie (William) Slaney v. State of Madhya Pradesh (AIR 1956 SC 116); Main Pal v. State of Haryana (2010) 10 SCC 130; Ajay Kumar Ghoshal v. State of Bihar (2017) 12 SCC 699; Paras 14-17] Sandeep Yadav v. Satish, 2026 LiveLaw (SC) 296 : 2026 INSC 301 Investigation – Cooperation of Accused – Cooperation with an investigation does not mean the accused must render a confession to suit the convenience of the prosecution – Noted that the State's claim of "non-cooperation" with "a pinch of salt" when used as a justification for continued custody in the face of successive FIR registrations. [Paras 7-13] Binay Kumar Singh v. State of Jharkhand, 2026 LiveLaw (SC) 153 Legal Aid — Rights of the Accused — Fair Trial — Mandatory Procedure for Trial Courts — The Supreme Court observed that the appellant initially failed to cross-examine witnesses until she engaged her own counsel – Noted that Trial Courts are duty-bound to inform accused persons of their right to legal representation and their entitlement to legal aid counsel if they cannot afford one - Mandatory Directions - Trial Courts must scrupulously adopt a procedure to record in their orders: (i) the offer of legal aid made to the accused, (ii) the response of the accused, and (iii) the action taken thereon, all before commencing the examination of witnesses - This order is to be communicated to the Chief Justices of all High Courts for issuance of suitable instructions to all concerned Trial Courts. Reginamary Chellamani v. State Rep By Superintendent of Customs, 2026 LiveLaw (SC) 121 : 2026 INSC 127 : AIR 2026 SC 800 Sanction for Prosecution – Concept of Deemed Sanction – Deemed Sanction not recognized in Subramanian Swamy vs. Manmohan Singh - The Supreme Court observed that the lead judgment in Dr. Subramanian Swamy vs. Manmohan Singh (2012) 3 SCC 64, does not refer to or discuss the concept of "deemed sanction" - While paragraph 81 of the said judgment part of the concurring opinion by Hon'ble A.K. Ganguly, is often cited, a Coordinate Bench in Suneeti Toteja Vs. State of Uttar Pradesh (2025) SCC OnLine SC 433 has already repelled arguments for deemed sanction, noting that even the Subramanian Swamy decision does not lend credence to such an argument. State v. M. Muneer Ahmed, 2026 LiveLaw (SC) 167 Section 2(1)(r) - "officer in charge of a police station". Section 2(s) and 2(o) Cr.P.C. – Prevention of Corruption Act, 1988 - The Supreme Court set aside a High Court of Andhra Pradesh judgment that had quashed several FIRs registered by the Anti-Corruption Bureau (ACB), Vijayawada – Held that the High Court had erroneously held that the ACB office in Vijayawada was not a notified "police station" under Section 2(s) of the CrPC following the state's bifurcation - The Supreme Court clarified that under the 2014 Reorganisation Act, existing laws and notifications (including G.O.Ms. No. 268 of 2003) continue to apply to successor states to prevent a legal vacuum - A "police station"...

Supreme Court Quarterly Digest 2026 - Bharatiya Nagarik Suraksha Sanhita (BNSS)

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