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हिन्दी — Read in HindiCriminal 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 2 of 6 articles, those that changed from 1 to 31 August 2026.Show all
Grounds of arrest
Copy link to Grounds of arrestPrelims 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
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)
Show history (1 other update)
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.
Police custody in parts under the Bharatiya Nagarik Suraksha Sanhita
Copy link to Police custody in parts under the Bharatiya Nagarik Suraksha SanhitaPrelims 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.