Criminal Defence & Bail Precedents Digest

Supreme Court precedents on regular bail u/s 439 CrPC, default bail u/s 167(2) CrPC / Sec 187 BNSS, anticipatory bail u/s 438, quashing FIR u/s 482, PMLA twin conditions, and circumstantial evidence standards.

Showing all 86 Precedents
Criminal Defence & Bail
2024

Central Bureau of Investigation v. Kapil Wadhawan

(2024) 3 SCC 734
Section 167(2) CrPC (Sec 187 BNSS)Default Bail

Filing of a charge-sheet within the statutory period extinguishes the indefeasible right to Default Bail, even if further investigation against co-accused or on distinct aspects continues.

Criminal Defence & Bail
2024

Javed Gulam Nabi Shaikh v. State of Maharashtra

2024 SCC OnLine SC 1693
Article 21 ConstitutionSection 439 CrPC

Right to speedy trial is sacrosanct; prolonged delay mandates grant of bail.

Criminal Defence & Bail
2024

Manish Sisodia v. Directorate of Enforcement

2024 SCC OnLine SC 1920
Section 45 PMLAArticle 21 Constitution

Prolonged incarceration without trial violates Article 21; statutory bail bars yield to speedy trial.

Criminal Defence & Bail
2024

Prabir Purkayastha v. State (NCT of Delhi)

2024 SCC OnLine SC 934
Section 43B UAPAArticle 22(1) Constitution

Written grounds of arrest mandatory under UAPA and general penal statutes.

Criminal Defence & Bail
2023

Mahmood Ali v. State of U.P.

2023 SCC OnLine SC 950
Section 482 CrPC (Sec 528 BNSS)

Court exercising 482 power must examine whether criminal case is initiated with ulterior motive or malice.

Criminal Defence & Bail
3-Judge Bench 2023

Manoj v. State of M.P.

(2023) 2 SCC 353
Mandatory Mitigation Inquiry...Probation Officer and Prison...Duty to Disclose Unrelied Ex...

In a transformative capital sentencing and fair trial judgment authored by Justice S. Ravindra Bhat, the Supreme Court laid down exhaustive, institutional guidelines governing sentencing ...

Criminal Defence & Bail
2023

Mohd. Muslim @ Hussain v. State (NCT of Delhi)

(2023) 7 SCC 399
Section 37 NDPSArticle 21Prolonged Custody

Section 37 NDPS Act twin conditions must be harmonized with Article 21; prolonged undertrial incarceration without prospect of speedy trial entitles accused to bail.

Criminal Defence & Bail
2023

Naim Ahamed v. State (NCT of Delhi)

2023 SCC OnLine SC 89
Section 375 IPC (Sec 63 BNS)Section 90 IPC

Distinction between false promise to marry from inception and subsequent inability to marry.

Criminal Defence & Bail
2023

Pankaj Bansal v. Union of India

2023 SCC OnLine SC 1244
Section 19 PMLAArticle 22(1) Constitution

Mandatory supply of written 'Grounds of Arrest' to accused at the time of arrest.

Criminal Defence & Bail
2023

State of Karnataka v. T. Naseer

(2023) 14 SCC 585
Section 65B Evidence ActSection 311 CrPC

Section 65B certificate can be produced by prosecution at a later stage before trial concludes.

Criminal Defence & Bail
2022

Ansaar Mohammad v. State of Rajasthan

2022 SCC OnLine SC 886
Section 376(2)(n) IPCSection 438 CrPC

Voluntary live-in relationship between consenting adults does not constitute rape.

Criminal Defence & Bail
2022

Kahkashan Kausar @ Sonam v. State of Bihar

(2022) 6 SCC 599
Section 498A IPC (Sec 85 BNS)Section 482 CrPC

General and omnibus allegations against husband's relatives in 498A must be quashed.

Criminal Defence & Bail
2022

Mohd. Zubair v. State (NCT of Delhi)

2022 SCC OnLine SC 897
Article 21 ConstitutionSection 41 CrPC

Power of arrest must be exercised sparingly; arrest is not mandatory in every registered FIR.

Criminal Defence & Bail
3-Judge Bench 2022

Noor Mohammed v. Khurram Pasha

(2022) 9 SCC 23
Section 143A is Discretionar...Prohibition on Striking Off ...Exclusive Recovery Mechanism...

The Supreme Court delivered an authoritative ruling on the constitutional validity and procedural operation of Section 143A of the Negotiable Instruments Act, 1881 (power to direct interi...

Criminal Defence & Bail
2022

Satender Kumar Antil v. CBI

(2022) 10 SCC 51
Section 436-439 CrPC (Sec 478-483 BNSS)

Classification of offences (Category A-D) and nationwide bail guidelines without custody.

Criminal Defence & Bail
2021

M. Ravindran v. Directorate of Revenue Intelligence

(2021) 2 SCC 485
Section 167(2) CrPCArticle 21 Constitution

Right to default bail accrues the moment statutory period (60/90 days) expires.

Criminal Defence & Bail
2021

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra

2021 SCC OnLine SC 315
Section 482 CrPCArticle 226 Constitution

Blanket interim orders of 'no coercive action' cannot be passed mechanically by High Courts.

Criminal Defence & Bail
2021

Sonu @ Subhash Kumar v. State of U.P.

2021 SCC OnLine SC 181
Section 376 IPC (Sec 64 BNS)Section 482 CrPC

Consensual relationship during courtship cannot be converted into rape on marriage falling through.

Criminal Defence & Bail
2021

Tofan Singh v. State of Tamil Nadu

(2021) 4 SCC 1
Section 53 & 67 NDPS Act, 1985Section 25 Evidence Act

Officers under Section 53 NDPS Act are police officers; confessions under Sec 67 are inadmissible.

Criminal Defence & Bail
2021

Union of India v. K.A. Najeeb

(2021) 3 SCC 713
Section 43D(5) UAPAArticle 21 BailSpeedy Trial

Constitutional courts can grant bail for violation of Article 21 right to speedy trial despite statutory embargo under Section 43D(5) of UAPA.

Criminal Defence & Bail
2020

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal

(2020) 7 SCC 1
Section 65B Evidence Act (Sec 61 BSA 2023)

Certificate under Section 65B(4) is mandatory for admissibility of electronic records.

Criminal Defence & Bail
2020

Bikramjit Singh v. State of Punjab

(2020) 10 SCC 616
Section 167(2) CrPC (Sec 187 BNSS)

Default Bail under Section 167(2) is an indefeasible fundamental right under Article 21.

Criminal Defence & Bail
3-Judge Bench 2020

P. Chidambaram v. Central Bureau of Investigation

(2020) 13 SCC 337
Bail as the Rule in Economic...The Triple Test FrameworkRejection of Sealed Cover Pr...

The Supreme Court delivered a defining precedent on regular bail in economic offences, holding that even in economic offences of substantial magnitude, bail remains the rule and jail the ...

Criminal Defence & Bail
2020

Prathvi Raj Chauhan v. Union of India

(2020) 4 SCC 727
Section 18 & 18A SC/ST Act, 1989Section 438 CrPC

High Court can grant anticipatory bail in SC/ST cases where no prima facie case is made out.

Criminal Defence & Bail
2020

Sushila Aggarwal v. State (NCT of Delhi)

(2020) 5 SCC 1
Section 438 CrPC (Sec 482 BNSS)

Anticipatory bail ordinarily operates till conclusion of trial; no fixed time limit.

Criminal Defence & Bail
2019

Anand Kumar Mohatta v. State (NCT of Delhi)

(2019) 11 SCC 706
Section 482 CrPC (Sec 528 BNSS)

High Court can quash criminal proceedings under Section 482 even after charge-sheet has been filed.

Criminal Defence & Bail
3-Judge Bench 2019

G. Ramesh v. Kanike Harish Kumar Ujjwal

(2019) 20 SCC 593
Prohibition of Mini-Trials u...Rebuttal of Presumption is M...Strict Adherence to Section ...

The Supreme Court delivered an authoritative ruling on the limits of inherent powers under Section 482 CrPC in cheque bounce cases. The Court held that when a complaint under Section 138 ...

Criminal Defence & Bail
2019

P. Chidambaram v. Directorate of Enforcement

(2019) 9 SCC 24
Section 438 CrPCPMLA 2002

Principles governing grant of Anticipatory Bail in economic offences.

Criminal Defence & Bail
2019

Pradeep Ram v. State of Jharkhand

(2019) 17 SCC 326
Addition of OffencesBail CancellationSection 439 CrPC

When new and more serious non-bailable offences are added during investigation, the police cannot re-arrest an accused on bail without obtaining a court order.

Criminal Defence & Bail
2019

Pramod Suryabhan Pawar v. State of Maharashtra

(2019) 9 SCC 608
Section 375 & 376 IPC (Sec 63/64 BNS)Section 90 IPC (Sec 26 BNS)

Breach of promise to marry is not rape unless promise was false from inception.

Criminal Defence & Bail
2019

Vinubhai Haribhai Malaviya v. State of Gujarat

(2019) 17 SCC 1
Section 156(3) & 173(8) CrPC (Sec 173(8) BNSS)

Magistrate has power to order further investigation even post-cognizance up to stage of framing charges.

Criminal Defence & Bail
2018

B. Sunitha v. State of Telangana

(2018) 2 SCC 638
Prohibition of Contingency F...Violation of Bar Council Rul...Unenforceability under Secti...

In a momentous judgment upholding the integrity of the legal profession, the Supreme Court ruled that an advocate cannot charge professional fees based on a percentage of the decretal amo...

Criminal Defence & Bail
2018

Dataram Singh v. State of U.P.

(2018) 3 SCC 22
Bail is the Rule, Jail is th...Presumption of InnocenceHumane and Liberal Discretio...

In a celebrated judgment authored by Justice Madan B. Lokur, the Supreme Court re-anchored Indian bail jurisprudence to its foundational constitutional principles. The Court held that fre...

Criminal Defence & Bail
2018

Joseph Shine v. Union of India

(2018) 2 SCC 189
Section 497 IPC (Decriminalized)Article 14 & 21

Decriminalization of Adultery; penalizing adultery violates gender equality and bodily autonomy.

Criminal Defence & Bail
2018

Navtej Singh Johar v. Union of India

(2018) 1 SCC 791
Section 377 IPC (Sec 69/137 BNS)Article 21

Decriminalization of Section 377 IPC for consensual sexual relationships between adults.

Criminal Defence & Bail
3-Judge Bench 2017

Rakesh Kumar Paul v. State of Assam

(2017) 15 SCC 67
60-Day Rule for Offences Up ...Overruling / Modifying Bhupi...Indefeasible Constitutional ...

In a historic 3-Judge Bench judgment, the Supreme Court definitively resolved the scope of default bail under Section 167(2) CrPC. Overruling the narrower interpretation in Bhupinder Sing...

Criminal Defence & Bail
2014

Anvar P.V. v. P.K. Basheer

(2014) 10 SCC 473
Section 65B Evidence Act

Electronic records inadmissible as secondary evidence without certificate under Section 65B.

Criminal Defence & Bail
2014

Arnesh Kumar v. State of Bihar

(2014) 8 SCC 273
Section 41 & 41A CrPC (Sec 35 BNSS)Section 498A IPC (Sec 85 BNS)

Mandatory 41A notice before arrest for offences punishable up to 7 years.

Criminal Defence & Bail
5-Judge Constitution Bench 2014

Hardeep Singh v. State of Punjab

(2014) 3 SCC 92
Meaning of 'Evidence' under ...No Need to Wait for Cross-Ex...Standard of Proof Clarified

In an authoritative 5-Judge Constitution Bench judgment, the Supreme Court resolved long-standing judicial conflicts regarding the scope and standard of Section 319 CrPC (power to proceed...

Criminal Defence & Bail
2014

Lalita Kumari v. Govt. of U.P.

(2014) 2 SCC 1
Section 154 CrPC (Sec 173 BNSS)

Mandatory registration of FIR if complaint discloses a cognizable offence.

Criminal Defence & Bail
2014

Narinder Singh v. State of Punjab

(2014) 6 SCC 466
Section 307 IPC (Sec 109 BNS)Section 482 CrPC

Quashing of Section 307 (Attempt to Murder) cases based on private compromise.

Criminal Defence & Bail
2012

Geeta Mehrotra v. State of U.P.

(2012) 10 SCC 741
Section 498A IPCSection 482 CrPC

Quashing 498A proceedings against distant family members in absence of specific allegations.

Criminal Defence & Bail
2012

Gian Singh v. State of Punjab

(2012) 10 SCC 303
Section 482 CrPC (Sec 528 BNSS)

High Court's inherent power to quash criminal proceedings on genuine civil settlement.

Criminal Defence & Bail
2012

Mohd. Hussain @ Julfikar Ali v. State (Govt. of NCT of Delhi)

(2012) 2 SCC 584
Legal Aid as Fundamental Rig...Vitiation of Capital TrialDuty of Trial Judges

In a momentous human rights and fair trial decision, the Supreme Court held that the right of an indigent accused to be defended by a competent legal practitioner is an indispensable face...

Criminal Defence & Bail
2012

Sanjay Chandra v. CBI

(2012) 1 SCC 40
Section 437 & 439 CrPC (Sec 480-483 BNSS)

'Bail is the rule, Jail is the exception'; pre-trial custody cannot be punitive.

Criminal Defence & Bail
2011

State of Kerala v. Raneef

(2011) 1 SCC 784
UAPA BailMedical BailArticle 21

Medical professional rendering emergency treatment to an injured accused is not a terrorist conspirator; delay in trial warrants bail even under UAPA.

Criminal Defence & Bail
2010

Babubhai v. State of Gujarat

(2010) 12 SCC 254
Article 21 ConstitutionSection 173 CrPC

Right to fair and unbiased investigation is a Fundamental Right under Article 21.

Criminal Defence & Bail
2010

P.J. Agro Tech Ltd. v. Water Base Ltd.

(2010) 12 SCC 146
Account Maintained by Drawer...Limits of Vicarious Liabilit...Company Not Liable for Emplo...

The Supreme Court delivered an authoritative ruling on the foundational jurisdictional prerequisites of Section 138 and vicarious corporate liability under Section 141 of the Negotiable I...

Criminal Defence & Bail
2010

Preeti Gupta v. State of Jharkhand

(2010) 7 SCC 667
Section 498A IPCSection 482 CrPC

Judicial warning against growing tendency to implicate entire in-laws family in matrimonial disputes.

Criminal Defence & Bail
2006

D. Vinod Shivappa v. Nanda Belliappa

(2006) 6 SCC 456
Presumption of Due Service u...Drawer Cannot Benefit from E...Question of Fact to Be Deter...

The Supreme Court delivered an indispensable ruling on the service of statutory demand notice under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881. The Court held that...

Criminal Defence & Bail
2006

Lata Singh v. State of U.P.

(2006) 5 SCC 475
Absolute Right to MarryCondemnation of Honour Killi...Quashing Frivolous Kidnappin...

In a progressive constitutional ruling delivered by Justice Markandey Katju, the Supreme Court held that an adult major has the untrammeled fundamental right to marry anyone of their choi...

Criminal Defence & Bail
2005

Jacob Mathew v. State of Punjab

(2005) 6 SCC 1
Section 304A IPC (Sec 106 BNS)Medical Negligence

Landmark ruling establishing gross criminal negligence standard and mandatory medical board opinion before prosecuting medical practitioners.

Criminal Defence & Bail
Division Bench 2005

P.K. Shaji v. State of Kerala

(2005) 13 SCC 283 | Division Bench
Bail CancellationSection 439(2) CrPCSection 483 BNSSSupervening Grounds

Rigorous standards for cancellation of bail under Section 439(2) CrPC; cancellation requires supervening misconduct and cannot be granted on grounds existing at grant.

Criminal Defence & Bail
Division Bench 2004

Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav

(2004) 7 SCC 528 | Division Bench
Successive BailChange of CircumstancesGravity of OffenceSection 439 CrPC

Authoritative ruling on successive bail applications: court must record a tangible change in circumstance; gravity of offence and threat to witnesses override prolonged incarceration.

Criminal Defence & Bail
Division Bench 2004

Zahira Habibullah Sheikh v. State of Gujarat

(2004) 4 SCC 158 | Division Bench
Best BakeryFair TrialHostile WitnessesSection 447 BNSS

Best Bakery ruling holding criminal trials cannot be mock contests; ordering retrial and transfer outside the State when witnesses turn hostile under coercion and terror.

Criminal Defence & Bail
2003

B.S. Joshi v. State of Haryana

(2003) 4 SCC 675
Section 482 CrPCSection 498A IPC (Sec 85 BNS)

High Court can quash non-compoundable matrimonial FIRs (498A) upon genuine settlement.

Criminal Defence & Bail
2003

K.R. Indira v. G. Adinarayana

(2003) 8 SCC 300
Mandatory Demand for Cheque ...Fatal Nature of Omnibus Dema...Strict Penal Construction

The Supreme Court delivered a defining judgment on the strict statutory requirements of a legal demand notice under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881. The...

Criminal Defence & Bail
Division Bench 2002

Bodhraj alias Bodha v. State of J&K

(2002) 8 SCC 45 | Division Bench
Last Seen TheoryCircumstantial EvidenceSection 7 Evidence ActSection 5 BSA 2023

Definitive authority on the 'last seen together' doctrine: proximity of time and place between last seen and recovery of dead body must rule out any possibility of a third person's intervention.

Criminal Defence & Bail
5-Judge Constitution Bench 2002

Laxman v. State of Maharashtra

(2002) 6 SCC 710 | 5-Judge Constitution Bench
Dying Declaration5-Judge BenchFit State of MindSection 32 Evidence Act

Constitution Bench holding that absence of a doctor's certificate of fitness does not invalidate a dying declaration if the magistrate/witness recording it was satisfied of the declarant's mental fitness.

Criminal Defence & Bail
Division Bench 2002

Sanju alias Sanjay Singh Sengar v. State of M.P.

(2002) 5 SCC 371 | Division Bench
Abetment of SuicideSection 306 IPCSection 108 BNSMens Rea

Supreme Court held that uttering words in anger like 'go and die' during a quarrel does not constitute abetment under Section 306 IPC (Section 108 BNS) without clear mens rea.

Criminal Defence & Bail
2002

Sunderbhai Ambalal Desai v. State of Gujarat

(2002) 10 SCC 283
Section 451/457 CrPCSec 497/503 BNSSSeized Property

Mandatory guidelines directing criminal courts to expeditiously release or dispose of seized vehicles, liquor, and case property without keeping them in police custody.

Criminal Defence & Bail
3-Judge Bench 2001

Hiten P. Dalal v. Bratindranath Banerjee

(2001) 6 SCC 16
Mandatory 'Shall Presume' St...Rebuttal Requires Proof, Not...Preponderance of Probabiliti...

In a foundational 3-Judge Bench decision arising from the 1992 securities scam, the Supreme Court delivered the authoritative standard governing statutory presumptions under Sections 118,...

Criminal Defence & Bail
2001

Prahlad Singh Bhati v. NCT of Delhi

(2001) 4 SCC 280
Jurisdictional Bar under Sec...Dowry Death (Section 304B IP...Subsequent Addition of Grave...

The Supreme Court delivered a defining judgment delineating the powers and statutory limitations of Magistrates in granting bail under Section 437 CrPC. The Court held that where an accus...

Criminal Defence & Bail
Division Bench 2001

Satvir Singh v. State of Punjab

(2001) 8 SCC 633 | Division Bench
Dowry DeathSection 304B IPCSoon Before DeathSection 80 BNS

Supreme Court construed 'soon before her death' under Section 304B IPC (Section 80 BNS): there must be a proximate and live nexus between cruelty relating to dowry and unnatural death.

Criminal Defence & Bail
1999

State of Maharashtra v. Tapas D. Neogy

(1999) 7 SCC 685
Section 102 CrPCSec 106 BNSSBank Freezing

A bank account is 'property' within the meaning of Section 102 CrPC, empowering the investigating police officer to freeze accounts linked to cognizable offences.

Criminal Defence & Bail
Constitution Bench 1999

State of Punjab v. Baldev Singh

(1999) 6 SCC 172 | 5-Judge Bench
NDPS ActSection 50 SearchMandatory SafeguardsGazetted Officer

Constitution Bench holding that informing a suspect of his right to be searched before a Gazetted Officer or Magistrate under Section 50 NDPS Act is mandatory; non-compliance vitiates recovery and trial.

Criminal Defence & Bail
1997

D.K. Basu v. State of West Bengal

(1997) 1 SCC 416
Article 21 & 22 ConstitutionSection 41B-41D CrPC

11 Mandatory safeguards and arrest memo guidelines against custodial violence.

Criminal Defence & Bail
1996

State of U.P. v. Ramesh Prasad Misra

(1996) 10 SCC 360
Reaffirmation of Bhagwan Sin...Evidentiary Value for Both S...Primacy of Corroboration

The Supreme Court delivered an influential judgment on the appreciation of hostile witness testimony in murder trials. The Court held that evidence of a hostile witness cannot be rejected...

Criminal Defence & Bail
1995

P.K. Narayanan v. State of Kerala

(1995) 1 SCC 142
Agreement as Sine Qua NonSuspicion Cannot Substitute ...Limits of Circumstantial Inf...

In a defining ruling on criminal conspiracy, the Supreme Court elucidated the essential legal ingredients required to sustain a conviction under Section 120B of the Indian Penal Code. The...

Criminal Defence & Bail
Division Bench 1994

Joginder Kumar v. State of U.P.

(1994) 4 SCC 260 | Division Bench
Arrest PowersRight to InformSection 41A CrPCSection 35 BNSS

Foundational ruling establishing that power to arrest is distinct from the justification to arrest; mandating right of an arrestee to inform a friend/relative and diary entries.

Criminal Defence & Bail
5-Judge Constitution Bench 1992

A.R. Antulay v. R.S. Nayak

(1992) 1 SCC 225
Speedy Trial Enshrined in Ar...The 11 Guiding PropositionsNo Fixed Outer Time Limits

In a momentous 5-Judge Constitution Bench decision, the Supreme Court established that the right to a speedy trial is an integral, inalienable facet of the fundamental right to life and p...

Criminal Defence & Bail
1992

State of Haryana v. Bhajan Lal

1992 Supp (1) SCC 335
Section 482 CrPC (Sec 528 BNSS)

7 Cardinal Principles governing quashing of FIRs and criminal trials by High Court.

Criminal Defence & Bail
3-Judge Bench 1991

Khujji alias Surendra Tiwari v. State of M.P.

(1991) 3 SCC 627 | 3-Judge Bench
Hostile WitnessSection 154 Evidence ActSection 157 BSA 2023Corroboration

3-Judge Bench held that the testimony of a hostile witness is not effaced from the record; portions supporting the prosecution or defence can be relied upon if corroborated.

Criminal Defence & Bail
Division Bench 1987

Mohanlal Jitamalji Porwal v. State of Maharashtra

(1987) 2 SCC 364 | Division Bench
Section 391 CrPCSection 432 BNSSAdditional EvidenceFailure of Justice

Supreme Court held that appellate courts possess wide powers under Section 391 CrPC (Section 432 BNSS) to admit additional formal evidence to prevent failure of justice.

Criminal Defence & Bail
1985

State of U.P. v. M.K. Anthony

(1985) 1 SCC 505
Witness EvaluationCriminal EvidenceBSA 2023

Minor discrepancies, omissions, and exaggerations not affecting the core of the prosecution story do not discredit the evidence of an otherwise truthful rustic witness.

Criminal Defence & Bail
3-Judge Bench 1984

Sharad Birdhichand Sarda v. State of Maharashtra

(1984) 4 SCC 116 | 3-Judge Bench
Circumstantial EvidencePanchsheel PrinciplesSection 103 BNS

Laying down the 5 Golden Principles (Panchsheel) of circumstantial evidence and the distance between 'may be' and 'must be' true.

Criminal Defence & Bail
5-Judge Bench 1980

Bachan Singh v. State of Punjab

(1980) 2 SCC 684 | 5-Judge Bench
Rarest of RareSection 354(3) CrPCSection 103 BNS

Upholding constitutionality of death penalty under Section 302 IPC, establishing the 'Rarest of Rare' doctrine and mitigating balance sheet.

Criminal Defence & Bail
5-Judge Constitution Bench 1980

Gurbaksh Singh Sibbia v. State of Punjab

(1980) 2 SCC 565 | 5-Judge Bench
Anticipatory BailSection 438 CrPCSection 482 BNSSArticle 21

Constitution Bench establishing the Magna Carta on anticipatory bail; holding that judicial discretion under Section 438 CrPC is untrammeled and cannot be fettered by artificial judicial restrictions.

Criminal Defence & Bail
Division Bench 1978

Babu Singh v. State of U.P.

(1978) 1 SCC 579 | Division Bench
Bail is the RuleArticle 21Successive BailPersonal Liberty

Historic declaration by Justice Krishna Iyer that 'Bail is the rule, jail is the exception'; prolonged detention violates Article 21 and successive bail is maintainable.

Criminal Defence & Bail
1977

State of Rajasthan v. Balchand

(1977) 4 SCC 308
Bail Not JailSection 439 CrPCSec 483 BNSS

Justice Krishna Iyer's cardinal doctrine: 'The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice.'

Criminal Defence & Bail
1976

Bhagwan Singh v. State of Haryana

(1976) 1 SCC 389
Hostile Witness Evidence Not...Substratum of Truth Can Be E...Prosecution or Defense Can R...

In a foundational criminal evidence ruling, the Supreme Court definitively settled the legal status of hostile witnesses under Indian law. The Court held that merely because a witness is ...

Criminal Defence & Bail
1976

Mohd. Inayatullah v. State of Maharashtra

(1976) 1 SCC 828
Strict Severability Rule und...Exclusion of Past Incriminat...The 'Distinctly' Requirement

In an authoritative ruling delivered by Justice R.S. Sarkaria, the Supreme Court laid down the definitive statutory test for the admissibility of disclosure statements under Section 27 of...

Criminal Defence & Bail
4-Judge Bench 1964

Masalti v. State of U.P.

AIR 1965 SC 202 | 4-Judge Bench
Unlawful AssemblySection 149 IPCSection 190 BNSInterested Witnesses

Landmark 4-Judge Bench ruling on Section 149 IPC (Section 190 BNS): mechanical rejection of interested witness testimony is improper; prudent rule requires corroboration by multiple witnesses.

Criminal Defence & Bail
Constitution Bench 1960

State of U.P. v. Deoman Upadhyaya

[1961] 1 S.C.R. 14 | 5-Judge Bench
Section 27 EvidenceSection 23 BSACustodial ConfessionArticle 14

Constitution Bench upholding Section 27 Evidence Act (Section 23 BSA 2023); classification between accused in custody making discovery disclosures and others is constitutional.

Criminal Defence & Bail
3-Judge Bench 1957

Vadivelu Thevar v. State of Madras

AIR 1957 SC 614 | 3-Judge Bench
Solitary WitnessSection 134 Evidence ActWholly ReliableSection 139 BSA 2023

Seminal 3-Judge Bench ruling classifying witnesses into three categories; conviction can rest solely on the testimony of a single reliable witness under Section 134 Evidence Act (Section 139 BSA).

Criminal Defence & Bail
3-Judge Bench 1952

Hanumant Govind Nargundkar v. State of M.P.

AIR 1952 SC 343 | 3-Judge Bench
Circumstantial EvidenceGolden RulesBurden of ProofChain of Evidence

Foundational charter of circumstantial evidence in India establishing the timeless rule: circumstances must be of conclusive nature, fully established, and incompatible with innocence.

Related Practice Resources & Bare Acts

Deepen your case research with our complete statutory provisions, courtroom litigation guides, and other subject directories.

BNSS 2023 & CrPC Directory
Central Bare Act & Full Text
Criminal Trial, FIR & Bail Practice Guides
Courtroom Strategy & Procedural Guides
All 328 Landmark Precedents
Master Precedents Repository & Search