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Criminal justice: the new criminal laws, police, prisons and bail

The criminal justice chain from arrest to prison: the new criminal laws, the rights of the accused, bail, trial, police and prisons.

Showing 3 of 4 articles, those that changed from 1 to 31 July 2026.Show all

Prelims and Mains

Article 22(1) of the Constitution requires that a person who is arrested be told the grounds of arrest as soon as may be and be allowed to consult a lawyer of choice.

  • Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) require the police to tell the arrested person the offence and to inform a person the arrested person nominates.
  • Pankaj Bansal (2023) required written grounds of arrest under the Prevention of Money Laundering Act, and Prabir Purkayastha (2024) extended this to the Unlawful Activities (Prevention) Act.
  • Mihir Rajesh Shah (November 2025) required written grounds in all cases, while Vihaan Kumar (February 2025) accepted oral communication where written grounds were not practicable.
  • A failure to communicate the grounds can invalidate an arrest and entitle the accused to release.

What changed

  1. 9 Jul 2026Newnewly added

    • Hearing State of Meghalaya v. Sonam Raghuvanshi, a bench said the judgments of coordinate benches conflict on whether grounds of arrest must be given in writing.
    • It indicated a reference to a larger bench on whether written grounds are mandatory in every case.
    • The case arose from bail upheld because the arrest papers cited a wrong section of the Bharatiya Nyaya Sanhita, 403(1) in place of 103(1).

    Mains: The question is one of form against substance under Article 22(1): whether a clerical slip in written grounds should void an arrest.

    LiveLaw, 9 Jul 2026: Must arrest grounds be given in writing? Supreme Court says judgments are conflicting, mulls larger bench reference (opens in a new tab)

Show history (1 other update)
  1. 12 Aug 2026Briefnewly addedIn Union of India v. Sunil Biyani, the Supreme Court held that an arrest under Section 69 of the Central Goods and Services Tax Act needs the recorded reasons to believe to be communicated to the accused before the arrest. LiveLaw, 12 Aug 2026: Supreme Court monthly roundup, August 2026 (opens in a new tab)

Early release of elderly and terminally ill prisoners

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Mains

Premature release frees a prisoner before the full sentence ends; the President and the Governor hold the power of remission under Articles 72 and 161.

What changed

  1. 16 Jul 2026Briefnewly addedIn National Legal Services Authority v. Union of India, the Supreme Court directed every State and Union Territory to notify within three months a uniform policy for the premature release of elderly and terminally ill prisoners on humanitarian grounds. Release is to follow assessment by medical boards, in consultation with the State Legal Services Authorities. The order bears on prison overcrowding. LiveLaw, 16 Jul 2026: Supreme Court orders States/UTs to frame policy for early release of elderly and terminally ill prisoners (opens in a new tab) · News On AIR, 16 Jul 2026: Supreme Court directs States, UTs to frame policy for early release of elderly prisoners (opens in a new tab)

Manipur violence cases: special courts

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Mains

The criminal cases arising from the ethnic violence in Manipur that began in May 2023 are being tried under the Supreme Court's supervision.

What changed

  1. 24 Jul 2026Briefnewly addedA bench headed by the Chief Justice of India proposed special courts for the speedy trial of the Manipur violence cases. It extended the tenure of the committee headed by Justice Gita Mittal, which looks into human rights violations. The Hindu, 24 Jul 2026: SC proposes special courts for speedy trial in Manipur violence cases (opens in a new tab) · Supreme Court Observer, 31 Jul 2026: Monthly review: July 2026 (opens in a new tab)

Also filed elsewhere

  • Digital arrest scams · on Cyber security and data protection

    In a digital arrest scam, callers posing as police or officials keep a victim on a video call under threat of arrest until money is transferred.

  • Preventive detention under the National Security Act · on Freedoms, privacy and personal liberty (Articles 19 to 22)

    The National Security Act, 1980 allows a person to be detained without trial to prevent acts prejudicial to security or public order.

  • Public Examinations (Prevention of Unfair Means) Act, 2024 · on Transparency and the right to information

    The Public Examinations (Prevention of Unfair Means) Act, 2024 was the first central law against cheating in recruitment and entrance examinations.

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