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Articles & Legal Updates

Notes on procedure and practice before the Delhi courts, written for people trying to understand a proceeding they are already in.

These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.

All articles (537) Civil & Property (32) Commercial (1) Commercial & Corporate (126) Criminal Law (184) Cyber & Fraud (3) Matrimonial & Family (133) Procedure & Practice (58)
22 August 2026 · Criminal Law

Age Determination in POCSO Cases: Section 94 of the JJ Act

Why age is the threshold question in every POCSO case, the graded statutory scheme for proving it, and how a claim of juvenility by an accused is dealt with.

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21 August 2026 · Criminal Law

The UP Gangsters Act Is “Stillborn”: It Punishes Without Creating an Offence

In Shiv Pratap Singh v. State of U.P., 2026 INSC 894, the Supreme Court holds that the UP Gangsters Act defines a gangster and prescribes punishment but never creates an offence, and quashes gang-chart prosecutions against two advocates.

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21 August 2026 · Criminal Law

Caste Abuse Inside an Enclosed Room Is Not “Within Public View”: Supreme Court

In Ramkrishna Chauhan v. State of U.P., 2026 INSC 895, the Supreme Court quashes charges under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act where the alleged insult occurred in a closed school office, while the IPC prosecution continues.

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21 August 2026 · Criminal Law

Rejection of a 156(3) Application Does Not Bar a Later FIR: Supreme Court

In Pramod Kumar Shukla v. State of U.P., 2026 INSC 887, the Supreme Court holds that a Magistrate’s threshold refusal to direct investigation is not res judicata against the police’s independent duty to register an FIR.

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21 August 2026 · Criminal Law

POCSO Does Not Bar Cross-Examining a Child — It Regulates How: Delhi High Court

In Shankar Singh v. State, CRL.A. 662/2025, the Delhi High Court holds that Section 33 POCSO requires defence questions to be put to the child through the Special Court — not shut out — while upholding the conviction on the evidence.

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21 August 2026 · Criminal Law

Interim Bail: Short-Term Liberty While the Main Application Is Decided

How Delhi courts grant time-bound release pending the regular bail decision or for medical and family emergencies — the grounds, the conditions, and the consequences of not surrendering.

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21 August 2026 · Criminal Law

Bail Conditions: What Courts May Impose, and Where the Limits Lie

Conditions under Section 480(3) BNSS must secure attendance and protect the investigation — not punish. Cash deposits, onerous sureties and unrelated conditions, and how to seek modification.

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21 August 2026 · Criminal Law

Transit Anticipatory Bail: Protection While You Reach the Right Court

When an FIR is registered in another State, limited pre-arrest protection from the courts where the accused resides bridges the journey to the competent court — the safeguards, conditions and drafting essentials.

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21 August 2026 · Criminal Law

Anticipatory Bail in Matrimonial Cases: Section 85 BNS and the Arrest Safeguards

Cruelty complaints under BNS Section 85 (498A IPC) and pre-arrest protection — the Section 35 BNSS notice regime, how courts treat omnibus allegations against relatives, and the conditions that attach.

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21 August 2026 · Criminal Law

The Duty to Report Under POCSO: Sections 19 to 22 Explained

POCSO criminalises silence: who must report child sexual offences, the personal liability of institutional heads under Section 21(2), and the good-faith and false-complaint safeguards.

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20 August 2026 · Criminal Law

UAPA Custody: 180 Days Survive BNSS – Advocate Manish Jha

A Delhi High Court Division Bench holds that the reference to Section 167 CrPC in Section 43D(2) UAPA must be read as Section 187 BNSS, preserving the 180-day investigation custody framework and denying default bail in the Red Fort blast case.

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20 August 2026 · Criminal Law

Gangsters Act Cannot Stall a Trial: SC – Advocate Manish Jha

In Keshvendra Singh v. Shankar Singh, 2026 INSC 866, the Supreme Court holds that the priority clause in Section 12 of the UP Gangsters Act operates only when hearing dates clash — it does not freeze a pending murder trial.

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What Is Covered Here

The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.

No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.

If a subject you need is not covered here, the chamber can be written to at legal@advocatemanishjha.com. Questions of general interest are taken up as future notes; the chamber does not give advice on individual matters by email.