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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 July to 30 September 2026.Show all

Grounds of arrest

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

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)
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)

Trial in absentia

Prelims

A trial in absentia is a trial held without the accused present; Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows it against a proclaimed offender.

What changed

14 Jul 2026Briefnewly addedOn 8 July a Special National Investigation Agency court in Jammu issued a non bailable warrant against Hafiz Saeed in the Pahalgam attack case, opening the way to a trial in absentia. Section 356 applies only to proclaimed offenders under Section 84 accused of offences punishable with ten years or more, life imprisonment or death. It requires two warrants 30 days apart and counsel appointed by the State. The Hindu, 14 Jul 2026: What is 'trial in absentia'? | Explained (opens in a new tab)

Police custody in parts under the Bharatiya Nagarik Suraksha Sanhita

Prelims and Mains

Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs how long an arrested person may be held in police custody during investigation.

What changed

13 Aug 2026Briefnewly addedIn State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju the Supreme Court read Section 187(2) to allow up to 15 days of police custody in parts. The parts may be taken within the first 40 or 60 days of detention, unlike under Section 167 of the Code of Criminal Procedure (CrPC). Mains: Custody in parts gives investigators flexibility, but it stretches the period in which an accused can be returned to the police, which needs judicial scrutiny of every request. The Hindu, 13 Aug 2026: Supreme Court clarifies scope of police custody under BNSS (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.