BNSS/CRPC
Kerala High Court Denies Pre-Arrest Bail To DYFI Leaders Accused Of Assaulting Police During Liquor Policy Protest
The Kerala High Court on Monday (July 27) denied pre-arrest bail to six DYFI leaders, who were booked for assaulting police officers during protest march against the State's liquor policy. [2026 LiveLaw (Ker) 404]Dr. Justice Kauser Edappagath found that the allegations against the applicants were very serious and that custodial interrogation is necessary for investigation, which is still in...
S.457 CrPC | Registration Certificate Alone Not Sole Factor For Interim Release Of Seized Vehicles: Supreme Court
The Supreme Court on Monday (July 27) held that registration certificate alone are not determinative of entitlement to interim custody of vehicles under Sections 451 and 457 of the CrPC.“Registration is a relevant factor, but it is evidentiary and not conclusive of entitlement to interim possession.”, observed a bench of Justice Sanjay Karol and Justice Augustine George Masih,...
S. 38 BNSS | Advocate Of Accused Cannot Remain Present Throughout Police Interrogation : Supreme Court
Clarifying the scope of Section 38 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court on Monday (July 27) held that the provision entitles an arrested person to meet an advocate of choice during interrogation but does not contemplate continuous physical presence throughout the interrogation. “A plain reading of the provision makes it clear that the right guaranteed thereunder...
S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers
The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...
Can POCSO Court Frame Charges Without Hearing Accused On Discharge? Andhra Pradesh High Court Answers
The Andhra Pradesh High Court has held that a POCSO Special Court cannot frame charges without first affording the accused an effective opportunity of hearing on the question of discharge as contemplated under Sections 250 and 251 BNSS. [2026 LiveLaw (AP) 152]Clarifying that the POCSO Act's mandate for expeditious trials does not override the accused's statutory right to seek discharge, the...
S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court
The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. [2026 LiveLaw (AP) 151]While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that...
"Exceptional Violence": Bombay High Court Upholds Stricter Remission Category For Convict Who Murdered Woman For Refusing To Marry Him
The Bombay High Court recently upheld the decision of the Maharashtra Government to place a life convict under the 26-years imprisonment category, after noting that he had killed a woman, who had refused to marry her, in a brutal manner. A division bench of Justice Sarang Kotwal and Justice Ashish Chavan noted that the convict had killed the woman in an exceptionally brutal manner. "We...
Police Must Strictly Comply With Arnesh Kumar Safeguards; Procedural Lapses Cannot Be Taken Lightly: Chhattisgarh High Court
The Chhattisgarh High Court has held that strict adherence to the safeguards governing arrest and remand, particularly the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar, is of paramount importance and that procedural lapses by police officials cannot be treated casually. [2026 LiveLaw (Chh) 81]The Court observed that every police officer is under a...
Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court
The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...