Tagged “arrest”

3 articles on arrest.

Vijay Madanlal Choudhary v. Union of India: how the Supreme Court upheld the PMLA arrest, attachment, and twin bail conditions

On 27 July 2022, a three-judge bench led by Justice A.M. Khanwilkar upheld substantially all the contested provisions of the Prevention of Money Laundering Act, 2002 — the arrest power under Section 19, the provisional attachment power under Section 5, the search-and-seizure architecture under Section 17, the reverse-burden provision under Section 24, and the twin bail conditions under Section 45. The judgment also held that an Enforcement Case Information Report (ECIR) is not equivalent to an FIR and need not be supplied to the accused. A digest of the holdings, the doctrinal contributions, and the review now pending.

Valkya Editorial·31 May 2026·8 min

Landmark JudgmentSupreme Court of India

Arnesh Kumar v. State of Bihar: the eight directions that reshaped first-information practice

The Supreme Court's 2014 ruling that arrest in offences carrying up to seven years is not a clerical reflex — and the checklist its bench wrote into the working life of every station-house officer. A close digest, with the directions verbatim and a reading on how they travel onto BNSS s. 35.

Valkya Editorial·29 May 2026·10 min

Landmark JudgmentSupreme Court of India

D.K. Basu v. State of West Bengal: the eleven safeguards that made custody a documented event

The 1996 ruling that converted custodial protection from constitutional aspiration into station-house procedure — and the eleven directions that still govern every arrest in India, now carried over into Section 35 BNSS and beyond. A practitioner's digest.

Valkya Editorial·28 May 2026·11 min