Criminal Law Practice
7 articles tagged with "Criminal Law Practice".
The End of the 15-Day Safety Net: Supreme Court Decodes Section 187 BNSS on Police Remand and Default Bail
The BNSS Era is Officially Here, and It Bites For decades, criminal defense practitioners in India operated under a comforting, mathematical certainty: survive the first 15 days of remand, and your client is safe from police custody. That era is offi...
The End of the Mechanical FIR? Supreme Court’s 2026 BNSS Rulings Shift the Pre-Trial Balance of Power
For the first year and a half after the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) came into effect, the legal fraternity treated the new codes as little more than a frustrating exercise in memorizing new section numb...
The BNSS Pushback: Supreme Court Mandates Pre-Cognizance Hearings in PMLA Cases, Disrupting the ED's Playbook
The "Find and Replace" Myth is Dead When the Bharatiya Nagarik Suraksha Sanhita (BNSS) was enacted, a dangerous complacency settled over the Indian criminal bar. Many practitioners dismissed the new code as a mere re-numbering exercise—a laborious "f...
The Ghost of Arnesh Kumar Survives: Supreme Court Cements Section 35(3) BNSS Notice as the Rule, Arbitrary Arrests as the Exception
The One-Year BNSS Litmus Test It has been a year since the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC). For the defense bar, the transition brought a palpable anxiety: would the robust safeguards against a...
The Supreme Court Draws the Red Line: How 2026 Rulings are Defanging the BNSS for Defense Practitioners
The Jurisprudence of Liberty in the Era of New Criminal Laws When the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) replaced our colonial-era criminal codes, a collective anxiety swept through the Indian legal fraternity...
Arnesh Kumar Codified: Supreme Court Mandates Prior Notice for Arrests Under BNSS as High Courts Slam Police "Whims"
The End of "Arrest First, Investigate Later" For decades, the Indian criminal justice system has operated on a deeply flawed, unwritten premise: the police believe that the power to investigate inherently includes the right to arrest. Despite the Sup...
Taming the New Codes: How Courts are Fencing in Section 69 BNS and Section 35(3) BNSS Arrest Powers
The honeymoon period for India’s new criminal codes is officially over. As the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) move from theoretical legislative debates into the grueling ecosystem of trial courts and H...
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