Police Custody
5 articles tagged with "Police Custody".
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 End of the 15-Day Rule: Supreme Court Empowers Police with Staggered Custody under Section 187 BNSS
For decades, the Indian criminal defense bar operated on a settled, comforting premise: if the police couldn't extract what they needed within the first 15 days of arrest, their window for police custody was permanently slammed shut. The ghost of CBI...
BNSS Reality Check: The Ghost of Arnesh Kumar Survives, but Section 223 is Choking Trial Courts
The Illusion of a Blank Slate When the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) came into force, a collective anxiety gripped the Indian bar. The fear was palpable: would decades of hard-fought Supreme Court jurispr...
The Spirit of Arnesh Kumar Survives: Supreme Court Cements Arrest Safeguards and CrPC Continuity Under BNSS
The BNSS is Not a Blank Slate for Police Overreach For the past several months, the Indian criminal bar has been wrestling with a pervasive anxiety: does the Bharatiya Nagarik Suraksha Sanhita (BNSS) wipe out decades of hard-fought procedural safegua...
Remand Roulettes and Kundli Mismatches: How Constitutional Courts are Rewriting the BNS-BNSS Playbook in Q1 2026
For criminal defense lawyers across India, the honeymoon period of the new criminal codes is officially over. As trial courts grapple with the transition from the IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhit...
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