The criminal justice system in India is presently witnessing an important transition – one that requires courts, investigators, litigants and practitioners to balance effective law enforcement with constitutional safeguards, procedural fairness and technological realities.

This issue of The Crime Times brings together recent judicial developments which reflect that balance. The courts have once again emphasised that criminal procedure cannot remain rigid or mechanical. In the digital age, access to justice cannot be denied merely because an accused’s physical address is unknown, particularly where electronic identifiers may provide a meaningful basis for investigation. At the same time, investigative powers such as freezing of bank accounts, though necessary in appropriate cases, must be exercised with restraint, proportionality and judicial oversight, given their serious impact on business, livelihoods and financial liberty.

The issue also highlights the continuing judicial insistence that arrest must not be treated as a routine step in investigation. The Supreme Court’s reaffirmation that notice under Section 35(3) of the BNSS is the rule, and arrest the exception for offences punishable up to seven years, strengthens the constitutional commitment to personal liberty. Equally significant is the clarification that a discharged accused stands on a higher footing than an acquitted accused, as discharge itself reflects the absence of sufficient material to proceed to trial.

Finally, the Delhi High Court’s ruling on substantial cash payments reiterates a fundamental principle: criminal law cannot be set in motion on vague allegations, oral assertions or unsupported claims. Where serious allegations are made, especially in financial and property transactions, they must rest on cogent, credible and contemporaneous evidence.

Taken together, these developments underline a clear judicial message: criminal law must remain effective, but never arbitrary; flexible enough to meet modern forms of crime, but firmly anchored in due process.

In this issue:

• Absence of the accused’s Postal Address is not a ground to reject the cybercrime
• Freezing of bank accounts by police under the Code of Criminal Procedure, 1973/ Bharatiya Nagarik Suraksha Sanhita, 2023: Power, Parameters and Remedies
• Section 35(3) BNSS notice is the rule, arrest is an exception for offences up to 7 years: Supreme Court
• Discharged accused stands on a higher footing than acquitted accused: Supreme Court
• Mere allegation of Substantial Cash Payment, without Cogent Evidence, not enough to set criminal law in motion

We hope this issue proves useful to our readers in understanding the evolving contours of criminal jurisprudence in India. As always, we welcome your feedback and suggestions.

For any clarifications, please write to:

Mr. Vijay Pal Dalmia
Senior Partner
[email protected]

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