Defense Strategy
5 articles tagged with "Defense Strategy".
The BNSS Shake-Up: Why the Supreme Court’s New Rulings on Arrest and Cognizance Change Everything for Defense Counsel
The End of Procedural Paralysis Let’s be brutally honest: the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) initially left trial courts in a state of procedural paralysis. Magistrates and polic...
The Death of the Rubber-Stamp Magistrate: How the Supreme Court is Weaponizing Section 223 BNSS for the Defense
The Era of Ex-Parte Cognizance is Over For decades, criminal defense lawyers in India have operated under a frustrating, iron-clad rule of the Code of Criminal Procedure (CrPC): at the pre-cognizance stage, the accused has no locus standi . You sit i...
The BNSS as a Shield: Supreme Court Sharpens Threshold Defenses in 2026
The Dust Settles on the BNSS: A Shift in Defense Strategy For criminal practitioners, 2026 is proving to be the year the theoretical debates surrounding the Bharatiya Nagarik Suraksha Sanhita (BNSS) finally hit the ground in trial courts. While much ...
Beyond the Bare Acts: The 2026 Reality Check on BNS, BNSS, and the 'Community Service' Conundrum
The Honeymoon is Over: Welcome to the Implementation Era We are now well into 2026, and the dust has finally settled on the most seismic shift in Indian criminal jurisprudence since 1860. The Bharatiya Nyaya Sanhita (BNS) , Bharatiya Nagarik Suraksha...
The End of Arbitrary Account Freezing: How Delhi Courts are Using the BNSS to Rein in the CBI
The Honeymoon Period for the BNSS is Officially Over For decades, criminal defense lawyers in India have fought a seemingly unwinnable battle against Section 102 of the Code of Criminal Procedure (CrPC). An Investigating Officer (IO), armed with noth...
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