Quashing
16 articles tagged with "Quashing".
The Pre-Cognizance Revolution: How the Supreme Court is Using the BNSS to De-Fang the PMLA and Frivolous Summons
The Tectonic Shift in Pre-Trial Procedure For decades, criminal defense practitioners have fought a losing battle at the cognizance stage. Under the old Code of Criminal Procedure (CrPC), Magisterial application of mind was often a rubber-stamping ex...
Beyond the CrPC Hangover: Supreme Court Draws Hard Lines on BNSS Quashing, Jurisdiction, and PMLA Hearings
For the Indian criminal defense bar, the transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) has felt less like a revolution and more like a high-stakes game of procedural musical chairs. But as the ...
The BNSS Bites Back: Supreme Court Elevates Section 223(1) Pre-Cognizance Hearing to a Substantive Right
The End of Mechanical Cognizance? When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the cynical consensus among the Bar was that it was merely a cosmetic renumbering exercise. However, the Supreme Cour...
The Supreme Court Draws a Hard Line on BNSS: Pre-Cognizance Hearings Under Section 223(1) Are Now Non-Negotiable
The Tectonic Shift in Complaint Cases For decades, the Indian criminal justice system has been plagued by the weaponization of the private complaint ( istigasa ). Under the old Code of Criminal Procedure (CrPC), a Magistrate could routinely take cogn...
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 ...
BNSS in Action: Supreme Court Curbs Arbitrary Bail Conditions While High Courts Crack Down on False FIRs
The 2026 Criminal Digest: Courts Draw a Line in the Sand Under the New Codes If the first half of 2026 has taught criminal law practitioners anything, it is that the transition from the CrPC and IPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) an...
Taming the BNSS: How the Supreme Court is Weaponizing Sections 528 and 225 to Protect the Accused
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the criminal defense bar braced for a prosecution-heavy regime. But as we parse through the jurisprudence of the first half of 2026, a distinct and rea...
Judicial Pushback: How Constitutional Courts are Taming the BNSS and BNS in 2026
The Post-Transition Reality of India’s New Criminal Codes When the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS) came into force, the defense bar braced for impact. The fear was palpable: expanded police remand perio...
Arrest as the "Exception": Decoding the Supreme Court's Hardline Stance on Section 35 BNSS
The Ghost of Arnesh Kumar Gets Statutory Teeth For decades, the Indian criminal justice system has functioned on a grim, unwritten premise: the police arrest first and investigate later. Even after the landmark Arnesh Kumar v. State of Bihar judgment...
The Honeymoon is Over: How the Supreme Court is Taming Police Overreach Under the BNSS and BNS
The Statute Changed, But Have the Police? The colonial era might be dead in the statute books as of July 2026, but its ghosts still haunt India's police stations. When the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS...
Arrest is the Exception, Notice is the Rule: Supreme Court Draws a Hard Line on BNSS Arrests (Plus the Section 69 BNS Chaos)
The Dust Settles on the New Criminal Codes: The Courts Strike Back We are halfway through 2026, and the growing pains of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) are playing out in real-time across trial cou...
Beyond Find-and-Replace: The 2026 Clampdown on BNSS Cognizance and the Weaponization of Community Service
The Honeymoon is Over for the New Criminal Codes If 2024 was the year of legislative whiplash and 2025 was the year of transition, 2026 is officially the year of judicial reckoning for India’s new criminal framework. The initial panic over memorizing...
The End of the Section 90 IPC Loophole: How High Courts are Weaponizing Section 69 BNS on 'Deceitful' Consent
The Death of the "Misconception of Fact" Defence For decades, the Indian criminal bar has wrestled with a uniquely convoluted jurisprudential headache: when does a broken promise of marriage amount to rape? Under the old penal regime, prosecutors des...
Kundli Mismatches and Repugnancy: How Courts are weaponizing S.69 BNS and enforcing Default Bail under BNSS
The honeymoon period for the new criminal laws is officially over. As we navigate the first quarter of 2026, the constitutional courts have stopped treating the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) as mere r...
The Arrest Exception Survives: Supreme Court Injects 'Arnesh Kumar' into Section 35(3) BNSS Amidst Section 69 BNS Quashing Battles
The transition to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) was heavily marketed as a paradigm shift in Indian criminal justice. But as the dust settles in early 2026, the appellate courts are doing the heavy...
The BNSS Arrest Mandate and Section 69 BNS Chaos: Why Early 2026 Jurisprudence Demands a Defense Strategy Shift
The Honeymoon Period for the New Criminal Laws is Over For Indian criminal law practitioners, the theoretical debates surrounding the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) are officially dead. The rubber has met ...
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