The recent enactment of three new criminal laws in India (Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagrik Suraksha Sanhita, 2023; and Bharatiya Sakshya Adhiniyam, 2023) empowers Indian police and judi...
The Supreme Court of India has set a crucial legal precedent, declaring the remand of an accused to police custody, despite such an accused person being granted anticipatory bail, as impermissible. This ruling scrutinizes the intersection of the protection granted by anticipatory bail and the investigating agency’s need for police custody. It raises critical questions about the evolving legal landscape, especially under the new Bharatiya Nagarik Suraksha Sanhita, 2023. INDUSLAW's Abhimanyu Kampani and Raunak Singh explore the implications of this ruling, how it may safeguard the rights of an accused, and the challenges introduced by the new law.
