Section 173(3) BNSS
17 articles tagged with "Section 173(3) BNSS".
The End of Ex-Parte Cognizance: Supreme Court Mandates Strict Compliance with Section 223(1) BNSS
The Era of "Mini-Trials" Before Cognizance Has Begun For decades, the criminal defense bar operated on a settled, unshakeable principle of criminal procedure: an accused has no locus standi before the Magistrate takes cognizance of an offense. Under ...
The BNSS Litmus Test: Supreme Court Shuts the Door on Default Bail Loopholes While Opening Pre-Cognizance Defenses
The Dust Settles on the New Criminal Codes For the Indian criminal bar, 2026 has been a year of unlearning and relearning. As the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS) transition from academic debates to dail...
The BNSS Bites Back: SC Closes Default Bail Loopholes While High Courts Target False FIRs
We are now deep into 2026, and the transitional friction of moving from the CrPC and IPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) has given way to hard, binding jurisprudence. For practicing criminal lawyers,...
The Supreme Court is Weaponizing the BNSS to Tame Police Overreach: What the 2026 Rulings Mean for Your Practice
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the defense bar was understandably anxious. Would the new procedural code simply re-package old police powers with a new Hindi nomenclature? If the sle...
The BNSS Pushback: How Courts in 2026 are Finally Taming Police Powers Under the New Code
Two years after the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC) in July 2024, the dust is finally settling. For the criminal bar, the transition was marked by anxiety—particularly regarding expanded police...
The Death of the 15-Day Rule: How the Supreme Court’s Reading of BNSS Sections 187(2) and 38 Tilts the Scales Toward Police
The End of the Anupam J. Kulkarni Era For decades, the golden rule of criminal defense practice at the remand stage was simple: survive the first 15 days. Under Section 167 of the old Code of Criminal Procedure (CrPC), read with the Supreme Court’s l...
The BNSS Bites Back: Supreme Court Weaponizes New Procedural Safeguards Against Mechanical FIRs and ED Overreach
The Tactical Reset: Why the BNSS is a Boon for the Defense Bar When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the CrPC, the defense bar braced for a draconian winter. But a close reading of the Supreme Court’s early 2026 criminal law dig...
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...
Supreme Court Erects a Procedural Firewall: How Recent BNSS Rulings Reshape Arrests, FIRs, and PMLA Defense
The Dawn of the BNSS Era: Procedure as the Ultimate Safeguard For the Indian criminal defense bar, the transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been a period of high anxiet...
The Supreme Court is Weaponizing the BNSS to Tame Police Overreach: What Sec 35(3) Means for Your Practice
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS) were rushed through Parliament, the criminal bar braced for a winter of civil liberties. The consensus was that expanded police remand periods and broader defini...
BNSS Jurisprudence Takes Shape: Supreme Court Clamps Down on Mechanical FIRs and Arrests Under the New Regime
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS) rolled out on July 1, 2024, the Indian defense bar held its collective breath. The statutory expansion of police custody up to 90 days, the introduction of trial...
The Death of the Mechanical FIR: How the Supreme Court’s 2026 BNSS Jurisprudence is Arming the Defense Bar
Two years into the operational life of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) , the jurisprudential dust is finally settling. For practicing lawyers, the transition from the colonial-era IPC and CrPC was i...
The BNSS Report Card: Supreme Court Reins in Mechanical Arrests and Weaponized FIRs
Two years have passed since the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced our colonial-era penal codes on July 1, 2024. When the laws were first rolled out, the defense bar was rightfully anxious. With p...
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...
The Supreme Court Just Tamed the ED's Arrest Powers: Section 35(3) BNSS is the New 'Arnesh Kumar'
The Dawn of Liberty Under the BNSS When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC), the defense bar's collective anxiety was palpable. Many feared the new code would usher in a draconian era of extend...
The Supreme Court’s 2026 BNSS Jurisprudence: Procedure Becomes the Ultimate Shield Against Police Autonomy
When the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC) in 2023, the criminal bar was deeply skeptical. Many feared that the new procedural code, with provisions extending police custody up to 90 days, would ...
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...
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