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Can Appellate Court Criticism Demoralise Judges? Judicial Independence and the Chilling Effect
Introduction On 13 February 2026, Justice Pankaj Bhatia of the Allahabad High Court made a remarkable decision that sent ripples through India’s judicial system. While hearin
Continuity of CrPC Discharge and Framing of Charges Under BNSS: Supreme Court Judgment in Dr. Anand Rai v. State of Madhya Pradesh
Introduction The replacement of the Code of Criminal Procedure, 1973 with the Bharatiya Nagarik Suraksha Sanhita, 2023 marked a major reform in Indian criminal procedure. Questions
UAPA’s “Ideological Driver” Category: Supreme Court Denies Umar Khalid and Sharjeel Imam’s Bail While Granting Bail to Other Accused
Introduction On January 5, 2026, the Supreme Court of India delivered a landmark judgment that has significant implications for bail jurisprudence under the Unlawful Activities (Pr
Suppressio Veri as Grounds for Bail Cancellation: India’s Newly Articulated Misrepresentation Standard
Introduction Personal liberty stands as a cornerstone of Indian constitutional jurisprudence, yet this fundamental right must be balanced against the equally vital imperative of en
Parading Accused in Public: The Rajasthan High Court’s Ruling on Presumption of Innocence and Police Power
Introduction The practice of parading accused persons before the media and public has emerged as a deeply troubling phenomenon within India’s criminal justice system. This pr
Restorative Justice vs Retributive Justice in Indian Criminal Law
Introduction The Indian criminal justice system has historically operated predominantly on the foundations of retributive justice, where punishment and deterrence form the core obj
Judicial Discretion at the Intersection of Liberty and Process: A Treatise on Supreme Court Jurisprudence Regarding Anticipatory Bail During Pending Non-Bailable Warrants
1. Introduction: The Dialectics of Personal Liberty and Sovereign Compulsion The administration of criminal justice in India rests upon a delicate equilibrium between two competing
Motive Insignificant When Direct Evidence In Form Of Dying Declaration Exists: Supreme Court
Introduction The Indian judicial system places extraordinary evidentiary weight on dying declarations, recognizing them as one of the most reliable forms of testimony in criminal p
Preventive Detention Cannot Override Bail: Supreme Court’s Landmark Ruling on Public Order Requirement
Introduction The Supreme Court of India recently delivered a significant judgment reaffirming that preventive detention laws cannot be used as instruments to bypass bail orders gra
Bail Jurisprudence: Balancing Liberty and Justice in POCSO Cases
Introduction The Supreme Court of India has reiterated a fundamental principle in criminal jurisprudence that bail should neither be refused mechanically nor granted on irrelevant
