Criminal Prosecution & Defense

Communication And Furnishing Written Grounds Of Arrest

Communication And Furnishing Written Grounds Of Arrest

The landmark judgment in Pankaj Bansal v. Union of India (2023INSC866) by the Supreme Court India firmly establishes that the communication of grounds of arrest to an arrested person is not merely a procedural formality but a substantive constitutional and statutory safeguard that must be meaningfully discharged. The Court held that henceforth, written grounds of […]

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Empowering Victims: Supreme Court Affirms Complainant's Right to Appeal Under Section 138 NI Act - A Case Analysis of Celestium Financial v. A. Gnanasekaran

Supreme Court Affirms Complainant’s Right to Appeal Under Section 138 NI Act – A Case Analysis of Celestium Financial v. A. Gnanasekaran

The Supreme Court’s recent judgment in Celestium Financial v. A. Gnanasekaran marks a watershed moment in the jurisprudence surrounding Section 138 of the Negotiable Instruments Act, 1881. This landmark decision addresses a critical procedural question that has long plagued complainants seeking redress for dishonoured cheques: whether they can file appeals against acquittal orders as victims

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Call Recordings: Evidentiary Value Vs. Privacy Violation

Call Recordings: Evidentiary Value Vs. Privacy Violation

One-Party Consent Call Recordings and the Privacy Paradox Phone call recordings have grown its popularity in this new digital era, serving as both a tool for personal security and a means of gathering evidence in judicial procedures. One of the most important legal challenges involving phone recordings is the concept of one-party consent, which allows

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Why the Supreme Court Has Barred Electronic Service of Section 41‑A / Section 35 Notices and What the BNSS Means for Police Practice

WhatsApp Isn’t a Warrant: Why the Supreme Court Has Barred Electronic Service of Section 41‑A CrPC Notice / Section 35 Notice and What the BNSS Means for Police Practice

Police stations across India have, for years, tried to save time by pinging suspects on WhatsApp with a Section 41‑A CrPC notice instead of delivering it by hand. The practice looked efficient—delivery ticks, timestamps, even blue ticks as proof of reading. But on 21 January 2025, a two‑judge Bench in Satender Kumar Antil v. CBI drew a red line: “Service of notice

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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

Notice to Accused & Witnesses by Police in India

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

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

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?

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

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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