Criminal Law & Prosecution Archives

SC’s order in Satender Kumar Antil case mandates strict bail reform, Aadhaar-linked bonds & bans WhatsApp notices under S. 41-A CrPC/BNSS

Supreme Court Tightens Bail‑Reform Compliance (Satender Kumar Antil Judgment)

— January 2025 Orders in Satender Kumar Antil v. CBI — Ever since the Supreme Court’s landmark judgment in Satender Kumar Antil v. CBI (2022) 10 SCC 51, the Court has treated arbitrary arrests and prolonged under‑trial detention as a structural problem that corrodes the criminal‑justice system. The latest directions issued on 21 January 2025 push State Governments, Union Territories and High Courts to convert

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Notice to Accused & Witnesses by Police in India

Criminal Law & Prosecution

Supreme Court Reinforces Safeguards for Arrest Procedures and Undertrial Rights In a significant development in the ongoing case of Satender Kumar Antil v. CBI & Anr. (Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021 ), the Supreme Court of India has issued critical directives aimed at strengthening procedural safeguards for undertrial prisoners

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Does The Authorized Representative Of The Accused Company Require To Take Bail In A Criminal Case?

Criminal Law & Prosecution

In criminal cases, when a company is made an accused, the company, being a juristic person, authorizes a representative to represent the company before the Court. Section 305 of Code of Criminal Procedure, 1973 (“Cr.P.C.”)/ Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNNS”) deals with the procedure when a company is an accused.

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Can Accused In Criminal Case Seek Exemption From Personal Appearance Even Before Appearing In Person In Court or Furnishing Bail Bonds?

Criminal Law & Prosecution

In criminal cases, pursuant to the issuance of the summons to the accused by the court, the accused appears before the Court and seeks bail in non-bailable offences or directly furnishes bail bonds in bailable offences up to the satisfaction of the Court. After securing bail and furnishing of bail bonds, an accused is required

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Scope Of Consideration Of Material In Warrant Cases By Magistrate While Framing Of Charge In Complaint Case

Criminal Law & Prosecution

In complaint cases, a complainant files a complaint along with relevant material/ documents to support his case. After consideration of the complaint and the material filed along with the complaint and examination of the complainant and other witnesses on oath, a Magistrate issues summons to the accused if the Magistrate is of prima-facie view that

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Remedy Against Order Passed Under Section 156 (3) Of Cr.P.C.

Criminal Law & Prosecution

Recently, the Hon’ble Supreme Court of India, dealt with an appeal titled M/s SAS Infratech Pvt. Ltd vs. State of Telangana & Anr. bearing Criminal Appeal No. 2574/2024[1] filed by the complainant against an order of Hon’ble High Court for the State of Telangana at Hyderabad which was decided vide judgment dated 14th May 2024.

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Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872

Criminal Law & Prosecution

The Bharatiya Sakshya Adhinyam, 2023 (BSA) replaces the Indian Evidence Act of 1872 (IEA) and it was approved by both the Lok Sabha and Rajya Sabha on December 20 and December 21, 2023, respectively, before receiving presidential assent on December 25, 2023. The key objectives of BSA are to modernize, simplify, and streamline how evidence

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Criminal Proceedings: Basic Facts Vs. Subsidiary facts : Meaning and importance

Criminal Proceedings: Basic Facts Vs Subsidiary facts: Meaning & Importance

Criminal Law & Prosecution

In the case of Hansmukh v. State of Gujarat & Ors. (AIR 1981 SC 28) has held that while the expression “grounds” in Article 22(5) includes not only conclusions of fact but also all the basic facts on which those conclusions are founded, and they are different from subsidiary facts or further particulars of these

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The Confusion of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227 of the Constitution, and the Remedies available

Navigating the Complexities: Sections 397 to 401, 482 of Cr.P.C., Article 227, and Available Remedies

Criminal Law & Prosecution

Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227 of the Constitution of India, include the confusion relating to the Court which can be approached first and after that. Is there any

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Legality of Recorded Telephonic Conversation: Whether recorded illegally or not would not affect its admissibility in evidence

Criminal Law & Prosecution

The Allahabad HC recently in ‘Mahant Prasad Ram Tripathi @ M.P.R. Tripathi vs. State of U.P. Thru C.B.I./ A.C.B. Lucknow’[1] has held that a telephonic conversation recorded between two accused, whether illegally obtained or not, would be admissible in evidence. In this case C.B.I. recorded a telephonic communication between two accused persons on a digital

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