anticipatory bail

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

by
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

by
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

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

by

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

by

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