Criminal Law

This category focuses on substantive and procedural criminal law, including offences, defences, investigation, trial, and appellate remedies under various criminal statutes.

Articles in this section draw from my litigation experience and legal research. I cover bail and quashing, evidence and procedure, investigation lapses, trial strategy, sentencing trends, and practical approaches to criminal litigation before trial courts, High Courts, and the Supreme Court.

False Allegations of Sexual Offences and Judicial Scrutiny in India for Anticipatory Bail

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Disgruntled Girl

Introduction The jurisprudence on anticipatory bail in India has undergone notable refinement as courts increasingly confront cases where allegations of rape or threats of prosecution for sexual offences appear to function as instruments of extortion, coercion or retaliation rather than as authentic assertions of victimisation. Although such misuse remains statistically limited, it raises serious doctrinal … Read more

Notice u/ Section 35(3) BNSS: New Safeguards Against Arrest

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Section 35(3) BNSS notice of appearance safeguard against arrest under new criminal law

Introduction A Section 35(3) BNSS notice is one of the most important safeguards against arrest under India’s new criminal procedure law. Introduced under the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), this provision replaces the earlier Section 41A of the CrPC and regulates when police must issue a notice of appearance instead of making an immediate … Read more

Quashing of Criminal Proceedings u/s 528 BNSS by Higher Court: Supreme Court’s Four-Step Test & Grounds Explained

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quashing of criminal case in India under section 482 CrPC or 528 BNSS or Article 226 of the Constitution of India.

Introduction The Supreme Court of India recently delivered an important judgment on quashing of criminal proceedings under Section 482 CrPC and Section 528 BNSS. In Pradeep Kumar Kesarwani v. State of U.P. & Anr. Criminal Appeal No. 3831 of 2025 (@ SLP (Crl.) No. 11642 of 2019), decided on 02 September 2025 has reiterated the … Read more

Narco-Analysis Constitutionality in India: 2025 Supreme Court Ruling on Consent, Rights, and Legal Admissibility Explained.

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narco analysis in India - almesh v state of bihar

n a significant ruling that reinforces the constitutional limits on investigative methods, the Supreme Court of India in 2025 held that narco-analysis tests cannot be conducted without the voluntary and informed consent of the accused. The judgment revisits the foundational principles laid down in Selvi v. State of Karnataka, reiterating that forced narco tests violate Articles 20(3) and 21 of the Constitution. This article examines the legal background, the facts of the case, the Court’s reasoning, and the broader implications for criminal law and forensic practices in India.

Comparative Table of Sections Between Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023

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Click here to Download the Word File & PDF File of the Comparative table of Sections between Indian Penal Code, 1860 and Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 Bharatiya Nyaya Sanhita, 2023 Sec# Title of Section Sec.# Title of Section 1 Title and extent of operation of the Code 1 Short title, commencement … Read more

Quashing of Criminal Proceedings in Absence of Expert Evidence

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Click here to Download the PDF File or Word file of this Article (Quashing of Criminal Proceedings in Absence of Expert Evidence) Introduction Recently the Hon’ble Supreme Court of India in Suresh & Ors versus State of Madhya Pradesh – { 2023 INSC 102} Criminal Appeal No. 3512 OF 2023 by judgment dated 24.11.2023 quashed an FIR, chargesheet and the criminal proceeding on the ground … Read more

Quashing of non-compoundable Offence by Supreme Court and High Court even after conviction.

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A full bench (3 judges) of the Hon’ble Supreme Court vide its order dated 25.10.2021 in Criminal Appeal No. 1393 OF 2011 Ramawatarv State of Madhya Pradesh found it appropriate to invoke our powers under Article 142 of the Constitution and quash the criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities … Read more

An absconder/ proclaimed offender is not entitled to anticipatory bail.

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CASE:  Criminal Appeal No.1209 Of 2021: Prem Shankar Prasad  Versus The State Of Bihar & Anr.    Judgment Date: 21.10.2021 COURT: Supreme Court of India Relevant Extracts: Despite the above observations on merits and despite the fact that   it   was   brought   to   the   notice   of   the   High   Court   that respondent   No.2   -accused   is   absconding   and   even   … Read more

What is CBI and what to do if CBI files charge sheet?

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CENTRAL BUREAU OF INVESTIGATION: A BRIEF INTRODUCTION Central Bureau of Investigation is one of the most premier investigation agencies in the country and is the most trustworthy of all the agencies out there. Starting as an agency established under the Special Police Establishment (SPE) in 1941 by the then Govt. of India, it has come … Read more

What an accused can do when a court issues Summons / BW/ NBW?

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Introduction A victim of crime can set the Criminal Justice System into motion either by registering a First Information Report before the jurisdictional Police Station or by filing a complaint case before a Judicial Magistrate. In case an FIR has been registered then the police or the investigating agency files a report to the Magistrate … Read more

All about Anticipatory Bail

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What is anticipatory bail? To understand Anticipatory Bail, we may first try to understand the concept of Bail in general. A Bail is a legal guarantee by a person, who is accused of committing any offence which is punishable by imprisonment, for participating in the investigation and facing the trial before the court by making … Read more