Can Bail Be Granted in UAPA Cases Despite the Restrictions Under Section 43D(5)? Supreme Court Reaffirms the Primacy of Article 21
Introduction The Supreme Court of India has delivered a significant judgment examining the relationship between the stringent bail provisions contained in the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the constitutional guarantee of personal liberty under Article 21 of the Constitution of India. In Syed Iftikhar Andrabi v. National Investigation Agency (2026 INSC 503), the […]
Can a POCSO FIR Be Quashed if the Allegations Are Found to Be Motivated? Supreme Court Clarifies the Scope of Judicial Review
Introduction The Supreme Court has recently reiterated that while allegations under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) must always be treated with utmost seriousness, courts are equally required to examine whether criminal proceedings have been initiated on a genuine factual foundation or whether they amount to an abuse of the […]
Can a Cheque Bounce Case Continue If the Cheque Has Been Materially Altered? Supreme Court Explains
Introduction The Supreme Court has recently clarified an important aspect of cheque bounce litigation under the Negotiable Instruments Act, 1881. In Rajasab v. Hulagappa, the Court held that where a cheque has been materially altered on its face, a conviction under Section 138 of the Negotiable Instruments Act cannot ordinarily be sustained merely because the […]
Uniform Divorce, Maintenance & Alimony Laws in India: Why the Supreme Court Declined to Issue Directions to Parliament
Introduction The Supreme Court of India has once again clarified the constitutional limits of judicial intervention in matters concerning personal laws and legislative policy. In Ashwini Kumar Upadhyay v. Union of India (W.P.(C) No. 1144 of 2020), the Court declined to entertain petitions seeking uniform laws governing divorce, maintenance, and alimony across all religions. While […]
Recent Developments in Criminal Bail Jurisprudence
Recent Developments in Criminal Bail Jurisprudence The constitutional promise of liberty and fair process in criminal justice is increasingly underlined by judicial scrutiny of bail norms. In recent months, courts have delivered notable rulings that refine the contours of bail—emphasizing its merit-based nature and reinforcing procedural safeguards. One significant development from the Supreme Court clarified […]
