18 September

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Can an Illegal Arrest Make the Entire Investigation Legally Vulnerable?

Posted by lexel

Can an Illegal Arrest Make the Entire Investigation Legally Vulnerable? Introduction Arrest is one of the most serious interventions by the State into an individual’s personal liberty. Although criminal investigation is essential for maintaining law and order, the power to arrest is subject to constitutional and statutory safeguards. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 and continues the legal framework governing arrest, detention, investigation and remand. Alongside these statutory provisions, Articles 21 and 22 of the Constitution of India provide fundamental safeguards to an arrested person. An important question has therefore emerged in recent criminal jurisprudence:...

08 August

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Bail in Serious Criminal Offences: Why Reasons Matter

Posted by lexel

in Criminal Law, Legal Updates

Bail in Serious Criminal Offences: Why Reasons Matter Supreme Court Reinforces the Need for Reasoned Judicial Discretion Bail is a crucial safeguard of personal liberty. However, its granting is not a routine procedure, especially in cases involving serious and grave allegations. Courts are tasked with balancing the fundamental right to liberty against the interests of justice, the severity of the charges, and the potential for interference with the legal proceedings. The Supreme Court’s recent ruling in Yash Mahesh Gaikwad v. State of Maharashtra, 2026 INSC 917, delivered on 20 August 2026, underscores this principle. Moreover, the case stemmed from a serious criminal prosecution...

27 May

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NDPS Quantity Determination & Problem of Neutral Substances

Posted by lexel

in Criminal Law, Legal Updates

Quantity Determination under the NDPS Act: Mixture Theory, Procedural Safeguards and Scientific Challenges NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 is one of the stricter laws of India. It has the strictest punishment where the sentence of an accused is determined on the quantity of the contraband recovered from the accused during investigation, and also has the strictest conditions for bail under sec 37 of the Act. Chapter IV of the act deals with offences and penalties. When looked at the section dealing with the sentences for the offence, one would notice that the sentence depends on the quantity of the drug. Drugs are categorized as "small...

04 March

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Disclosure Statements and Charges under NDPS Act

Posted by lexel

in Criminal Law, High Court, Judgments

Charge Framing upon Disclosure Statement under Section 29 of the NDPS Act not sustainable in absence of Material Evidence Usually, it is seen that the prosecution in order to falsely implicate the accused, without any evidence, relies solely on the disclosure statements of other accused. These disclosure statements are involuntary and are recorded by the police from the other accused when they are in custody and therefore the element of coercion and undue influence always prevail in such disclosure statements which challenge the very authenticity of such statements. The police during investigation makes these disclosure statements as the basis for the...

04 January

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Understanding Bails in Murder Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Bails in Murder Cases In a criminal case specifically during consideration of bails in murder cases under Section 302 IPC, evidence placed on record is of foundational importance. In a matter pertaining to bail in a murder case based on circumstantial evidence, the main contention which can lead a judge to exercise discretionary power and grant the concession of regular bail is an incomplete chain of events and allegation based upon conjectures and suspicion with no material corroborating evidence to establish a prima facie case against the accused. In other words absence of facts which can be proved as a...

14 June

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Arbitration under MSME Act

Posted by lexel

in Arbitration, Legal Updates

Arbitration under MSME Act The Micro, Small and Medium Enterprises (“MSMEs”) are regulated under ‘the Micro, Small and Medium Enterprises Development Act, 2006’ (“the MSME Act”) and one of the primary objective of the MSME Act has been to protect the MSMEs from defaulting buyers, who delay/stop the payments to the MSME enterprises. It is a comprehensive legislation that intends to ensure smooth flow of credit to small scale enterprises and boost the development of the micro, small, and medium enterprises by inter alia providing for Arbitration under MSME Act. The framework of the MSME Act mandatorily requires a buyer of goods...

25 May

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Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases: Drugs-related NDPS cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime. A perusal of Sec. 37 of NDPS Act shows that it starts with a non-obstante clause stating that: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on Bail unless the conditions contained therein were...

10 February

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Arbitration- Simplifying the Legal Battles

Posted by lexel

in Legal Updates, Uncategorized

Introduction to Arbitration Arbitration has become a buzzword in today's commercial contracts. The law gives the parties the option of entering into commercial agreements knowing that if there is a dispute, they can refer it to this easy, quick, convenient, and cost-effective approach rather than going through the complex and lengthy proceedings of a court. Both domestic and international arbitration are covered by the Act. This article focuses on domestic issues that also apply to major aspects of international arbitration. Advantages of Arbitration Alternative Dispute Resolution (ADR) includes arbitration. ADR procedures have a number of advantages, including- Lower costs Procedural flexibility Increased confidentiality ...

04 February

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The Advent of Inactive Companies- Dormant Companies

Posted by lexel

in Legal Updates

Introduction Dormant companies are those companies who have not conducted any business activity in the previous two financial years or have not completed any significant accounting activities, or have not maintained accounting information and annual returns in the previous two financial years. The main goal of the amendments to the Companies Act 1956 was to create a better law that would be able to address changes in the public and global situation, enable the acceptance of internationally recognized prescribed procedures, and provide adaptability due to constantly changing plans of action. The idea of Dormant Companies, which was offered in Section 455 of...

28 January

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A Glimpse of Inter-State Arrest

Posted by lexel

in Criminal Law, Legal Updates

Introduction Although this form of investigation or arrest is constitutionally unlawful, it occurs when authorities from one state arrest the accused or perpetrator in another state. A police officer can only arrest or investigate someone who is within their state's borders. For example, if someone commits a crime in Delhi and is vested in Delhi, only Delhi police, not police from other states, have the jurisdiction to arrest that offender. To arrest an accused from another state, a state's police force must communicate with the police force of the state where the accused is located, which has the right to act...

Author: lexel