Category: Criminal Procedure
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Unauthorised Non-Indian Citizen and Their Right to Default Bail under UAPA
[This Article is authored by Vaneet Kumar, a Fifth-Year Law Student at Jindal Global Law School] Introduction On 5 December 2025, the Supreme Court of India in Tonlong Konyak v. State of Assam granted bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”). The distinct factor of this case is the prolonged…
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Justice or Just Delay? Analysing the “Mini Trial” under Proviso to Section 223(1)
[This Article is authored by Preeti Talreja, a 4th year student at Hidayatullah National Law University] Introduction The overhaul of India’s criminal justice system in 2024 was meant to be a structural reform aimed at delivering justice, not just punishment. Recently, on September 18, 2025, the Hon’ble Supreme Court of India in the case of Indra…
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Victim’s Testimony or Procedural Lapse: What is at higher Position?
[This Article has been authored by Saloni Rani, a 2nd Year Student at Rajiv Gandhi National University of Law, Punjab] Introduction In the recent Judgement of K.P. Kirankumar @ Kiran v. State by Peenya Police (hereinafter, kiran), the Supreme Court dismissed the appeal filled by appellants and ruled their conviction for committing crime under Immoral Traffic…
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Between Sunset and Sunrise: The Twilight of Women’s Custodial Rights in India
[This Article is authored by Vanshika Gupta, a 2nd year law student in National Law School of India University, Bangalore (NLSIU)] Deconstructing the Judiciary’s Directory Interpretation and Its Impact on Women’s Custodial Protection under §43(5) of BNSS. Introduction India has witnessed grave human rights violations in the form of Custodial violence for a long time now. The…
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From Absolute Bar to Absolute Farce: The Supreme Court’s Misstep on Anticipatory Bail and Caste Oppression
[This Article is authored by Tvesha Chauhan & Arnav Singh, 2nd year students of BA LLB (Hons.) at NLSIU Bangalore] Introduction When the Parliament echoes “shall not”, the court replies by adding “unless”. The word “absolute” has lost its meaning in court transcripts. The Supreme Court’s recent judgement in Kiran v. Rajkumar Jivraj Jain &…
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Chats, Consent & Constitutional Chaos: The Legal Puzzle of Admitting Digital Evidence
[This Article is authored by Pankaj Nagar and Bhavika Maheshwari, 2nd Year students at Hidayatullah National Law University, Raipur] Introduction: Unpacking the Digital Evidence Dilemma In a recent case, a single-judge bench of the M.P. High Court allowed the husband to submit WhatsApp chats of his wife that were collected without her consent and held…
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Rubber-stamp Justice: Can a Review of Judicial Passivity at the Pre-Trial Stage Reduce India’s Trial Backlogs?
[This Article is authored by Devdeep Ahirwal and Shivansh Singh, Students, Faculty of Law, University of Delhi] Introduction The Supreme Court (SC) recently, in the case of Tapas Kumar Palit v. State of Chhattisgarh, put forth the right to a speedy trial as a fundamental right, grounded in Article 21 of the Indian Constitution. This…
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From Witness to Commodity: Victim Exploitation in the Race For TRPs
[This Article is authored by Khushi Jain, Law Student at Hidayatullah National Law University, Raipur] Introduction A recent terror attack in Jammu and Kashmir’s Pahalgam Valley has raised many questions that need to be addressed, but have long been ignored. The Pahalgam attack claimed the lives of innocent tourists, but one 10-year-old boy named Naksh Kalathiya…
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Lacuna Between Guidelines & Implementation Still Leaves Much to be Desired: Current State of the Indian Bail System after Satendra Kumar Antil v. CBI.
[This Article has been authored by Akshata Das, a Student at Damodaram Sanjivayya National Law University] Introduction India’s criminal justice system has struggled for years with overcrowded jails and long pre-trial detention. Courts have consistently iterated that “bail is the rule, jail is the exception”, but failures, like arbitrary detention and slow trials, have filled the…
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One Accusation Too Many: The Chilling Effect of BNSS Section 479(2)
[This article is authored by Mihir Teja Kalle, a Student at National Law Institute University] Introduction The presumption of innocence of an accused is one of the fundamental rights vested with an accused in Indian criminal jurisprudence. The legislature has only deviated from the same in cases of “extraordinary” offences that may require more stringent norms…
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