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Illegal Arrest under BNSS, 2023: Constitutional Limits, Written Grounds of Arrest, and the Continuing Relevance of Habeas Corpus

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    Illegal Arrest under BNSS, 2023: Constitutional Limits, Written Grounds of Arrest, and the Continuing Relevance of Habeas Corpus Anil Kumar Mishra v. State of Madhya Pradesh & Others Neutral Citation: 2026:MPHC-GWL:442 Decision Date: 07 January 2026 Court: High Court of Madhya Pradesh, Bench at Gwalior Coram: Justice Gurpal Singh Ahluwalia & Justice Ashish Shroti I. Introduction: Arrest Power in the Post-BNSS Criminal Justice System The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a structural transformation of India’s criminal procedure. However, statutory transition does not imply constitutional dilution. The judgment of the Madhya Pradesh High Court in Anil Kumar Mishra v. State of Madhya Pradesh stands as a firm reminder that arrest remains a constitutionally regulated power , bounded by the guarantees of Articles 21 and 22(1) . This decision assumes particular importance as one of the earliest High Court rulings to comprehe...
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Supreme Court Clarifies: High Court Cannot Recall Dismissal Order To Grant Anticipatory Bail

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Supreme Court Clarifies: High Court Cannot Recall Dismissal Order To Grant Anticipatory Bail The legal Bandhu 48.3K followers September 19, 2025 Author: ABHISHEK J. The Supreme Court of India recently delivered a significant judgment clarifying the jurisdiction of High Courts in recalling orders pertaining to anticipatory bail. In "Gurvinder Singh v. Jasbir Singh @ Jasvir Singh & Anr." (2025 LiveLaw (SC) 924), the Bench comprising Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti set aside the Punjab & Haryana High Court's recalled order granting anticipatory bail after it was earlier dismissed, reinforcing procedural finality and the settled position of law. Background of the Case This matter arose from a criminal appeal (Special Leave Petition (Criminal) No. 3843/2025) challenging the High Court’s order dated 07.02.2025 where, contrary to established principles, the High Court revived proceedings and granted anticipatory bail after an initial rejection o...
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Location: Suresh Nagar Colony, Thatipur, Gwalior, Madhya Pradesh 474011, India
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S.125 CrPC | Muslim Woman Entitled to Maintenance Post-Divorce if ‘Fair Provision’ Not Made: Patna High Court

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S.125 CrPC | Muslim Woman Entitled to Maintenance Post-Divorce if ‘Fair Provision’ Not Made: Patna High Court The legal Bandhu 48.3K followers September 15, 2025 Author: ABHISHEK J. The Patna High Court in Md. Murshid Alam v. State of Bihar & Ors. , Criminal Revision No. 657 of 2022 (decided on 30 August 2025), has reinforced the principle that a Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) even after divorce, provided her husband has not made a reasonable and fair provision for her sustenance during the iddat period. The revision petition filed by the husband challenging maintenance awarded by the Family Court, Bhagalpur, was dismissed by Justice Jitendra Kumar, who upheld the monthly allowance of ₹7,000 granted in favor of the wife. Background of the Case The parties married in 2010 in accordance with Muslim personal law. Alleging cruelty, the wife left the matrimonial home shortly thereafter and claimed maintenance o...
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Location: Suresh Nagar Colony, Thatipur, Gwalior, Madhya Pradesh 474011, India
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