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Introduction: A Liberty-Centric Recalibration of Criminal Procedure In a significant reaffirmation of personal liberty, the Supreme Court has held that no person accused of an offence punishable with imprisonment up to seven years should be arrested unless such arrest is absolutely warranted . Emphasising that issuance of notice to cooperate with investigation is the norm , the Court ruled that arrest must remain a rare and carefully justified exception . This judgment assumes heightened importance as it offers one of the first authoritative interpretations of arrest-related provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024 . Background of the Case and Reference Before the Court The ruling was delivered by a bench comprising Justice MM Sundresh and Justice N Kotiswar Singh , while answering a reference concerning the scope and mandatory nature of Section 35 of the BNSS . The cor...

Introduction In a significant ruling clarifying the scope of protection available to public servants, the Jharkhand High Court has held that prior prosecution sanction under Section 197 of the Code of Criminal Procedure (CrPC) is not mandatory where the alleged acts of a public servant are personal, illegal, and unconnected with official duty . The judgment came while dismissing a petition filed by IAS officer Pooja Singhal , who had challenged the cognisance taken against her in a money laundering case. Background of the Case The Petitioner Pooja Singhal , a 2000-batch IAS officer , currently serving as Secretary (Information & Technology), Jharkhand. Formerly served as Deputy Commissioner, Khunti district . Allegations The Directorate of Enforcement (ED) alleged large-scale defalcation of government funds under MNREGA projects . Audit reports suggested embezzlement of ₹18.06 crore during the period February 2009 to July 2010 , when Singhal was the principal authority sanction...