BNSS 2023 Archives - Prashant Kanha Advocate on Record Supreme Court of India

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

February 14, 2026November 6, 2025 by Prashant Kanha

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

February 16, 2026September 9, 2025 by Prashant Kanha

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

Disclaimer

This articles on this blog are written for informational and academic purposes and does not constitute legal advice. The views expressed are the author’s own, drawn from practice and scholarship, and should not be relied upon as a substitute for consultation with a qualified legal professional in respect of specific cases. All case citations and law are believed to be accurate as of the date of publication.

Further, The Rules of the Bar Council of India do not permit advertisement or solicitation by advocates in any form or manner. This Blog and the contents hereof is merely for informational purposes and not in the nature of solicitation or an advertisement. Nothing is legal advice on this Blog. By entering this Blog in any manner, you confirm and acknowledge that you have voluntarily sought the information posted on the website. Read Full Disclaimer, Terms of Use and Privacy Policy.