Criminal Defense Practice
9 articles tagged with "Criminal Defense Practice".
Arrests, SMS Intimations, and "Fresh Materials": How Courts are Rewriting Remand Jurisprudence Under the BNSS
The Dust Settles on the BNSS: Courts Draw the Battle Lines on Arrest Powers For criminal defense lawyers, the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) has felt like navigating a minefield ...
The End of Ex-Parte Cognizance: Supreme Court Upends Private Complaint Practice Under Section 223(1) BNSS
For decades, criminal defense lawyers in India have operated under a rigid procedural truth: at the pre-cognizance stage of a private complaint, the accused has absolutely no locus standi . Under the old Code of Criminal Procedure, 1973 (CrPC), a Mag...
The BNSS Honeymoon is Over: Supreme Court Mandates Strict Compliance for Arrests, Cognizance, and Further Investigation
The Era of Magisterial Rubber-Stamping is Coming to an End When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the initial reaction from the Bar and Bench was one of cautious skepticism. Many assumed it ...
The Death of Ex-Parte Cognizance: How the Supreme Court is Weaponizing the BNSS to Protect the Accused
The Paradigm Shift in Criminal Complaints When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the Indian Bar was rife with apprehension. Many predicted a draconian shift favoring the police state. Howeve...
The BNSS Bites Back: Supreme Court Weaponizes Section 35 Against Mechanical Arrests While Allahabad HC Docks Magistrates’ Pay
The Era of the Sanhitas: Two Years In, The Judiciary Pushes Back As we cross the two-year mark since the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced our colonial-era criminal statutes in July 2024, the dust ha...
The End of Trigger-Happy Arrests? SC Strictness on BNSS Section 35 Meets Allahabad HC's ₹25,000/Day Penalty for Magistrates
The Judicial Pushback Against the BNSS Police Machinery When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the CrPC, the defense bar braced for a draconian era of expanded police powers and extended remands. However, the jurisprudence emergi...
The New "Arnesh Kumar": Supreme Court Cements Notice Over Arrest Under BNSS Section 35
The BNSS Pendulum Swings Back to Personal Liberty When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the defense bar held its collective breath. The headline-grabbing provisions—specifically the alarmin...
The "Cooperation" Trap Disarmed: Supreme Court Shields Mobile Phones from Forced Surrender Under Article 20(3)
The Digital Dilemma in Criminal Defense Every criminal defense lawyer in India knows the drill. Your client receives a notice of appearance under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the successor to the heavily litigat...
Arrest First, Ask Later? The Supreme Court Reins in the BNSS Carceral State, But Ground Reality Awaits the Shockwave
The Judiciary Strikes Back at the Sanhitas When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the CrPC, the criminal defense bar braced for a long, dark winter. The text of the new law structurally expanded police powers, stretched remand pe...
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