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Def. Lex-O-Pedia
What Are the Rights of an Arrested Person, and When Does an Illegal Arrest Entitle the Victim to Compensation?
Article 22(1) and Section 47 BNSS (formerly Section 50 CrPC) oblige the police to communicate grounds of arrest and permit family notification. Joginder Kumar, D.K. Basu and Nilabati Behera make breaches punishable and compensable: the State is strictly liable, with no sovereign immunity.
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Def. Lex-O-Pedia
Can an Accused on Anticipatory Bail Obtain a Passport to Travel Abroad?
Pending criminal proceedings are a statutory ground for refusing a passport, but not an absolute bar. How an accused on anticipatory bail can obtain a court order permitting passport issuance and travel abroad, and the conditions courts attach.
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Def. Lex-O-Pedia
What Must a Magistrate Consider Before Remanding an Accused?
Remand is a judicial function, not a rubber stamp. Supreme Court and Allahabad High Court rulings require Magistrates to examine the case diary, verify the legality of the arrest, record reasons, respect the 15-day and 60/90-day limits, and refuse remand where the grounds are weak.
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Def. Lex-O-Pedia
What Do the Landmark and Recent Judgments Say About Bail in India?
From Balchand and Moti Ram to Kapil Wadhawan, Manish Sisodia and Gulhasan Gulsher Khan: a survey of the landmark and recent judgments that shape bail under the BNSS 2023 and the special regimes of the PMLA and the NDPS Act.
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Def. Lex-O-Pedia
Can a Defective Remand Order Be a Ground for Bail Under Section 483 BNSS?
Written grounds of arrest, a reasoned remand order and a produced arrest memo are not formalities. Under Prabir Purkayastha and Pankaj Bansal, their absence vitiates the arrest and remand, and the Sessions Court may grant bail under Section 483 BNSS (formerly Section 439 CrPC).
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Def. Lex-O-Pedia
How Do Courts Approach Anticipatory Bail in Cybercrime Cases Under the BNSS?
Section 482 BNSS 2023 removed the CrPC-era restrictions on anticipatory bail, but cybercrime accused face a countervailing trend: courts increasingly treat custodial interrogation as the default answer to pre-arrest bail pleas in digital fraud cases.
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Singapore

Lingkesvaran Rajendaren v Attorney-General [2026] SGCA 4

A prisoner awaiting capital punishment (PACP) cannot obtain a stay of execution for proceedings that do not affect the legality of the conviction or sentence, unless exceptional circumstances exist.

Sushant Shukla· ·12 min read
Singapore

Mustaqim bin Abdul Kadir v Public Prosecutor and another matter [2026] SGCA 15

The court held that an application to adduce fresh evidence on appeal is an abuse of process where the applicant deliberately chose not to adduce such evidence at trial for tactical reasons.

Sushant Shukla· ·13 min read
Singapore

Khartik Jasudass v Public Prosecutor [2026] SGCA 11

A second application for permission to review a decision of an appellate court is statutorily barred under s 394K(1) of the Criminal Procedure Code, and the court will not exercise its inherent power of review in the absence of compelling new material that shows a miscarriage of

Sushant Shukla· ·15 min read
Singapore

Abdul Ghufran bin Abdul Wahid v Public Prosecutor [2025] SGHC 98

The court's role in determining the notional imprisonment period (NIP) under the fitness to plead regime is facilitative rather than punitive, and prevention is the primary consideration in determining the NIP.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Foo Li Ping and another matter [2025] SGHC 60

The court established sentencing principles for the offence of allowing the death of a child under s 304C of the Penal Code, emphasizing that culpability is assessed based on the offender's awareness of the risk of grievous hurt and their failure to protect the victim.

Sushant Shukla· ·13 min read
Singapore

See Kian Kok v Public Prosecutor and another matter [2025] SGHC 56

The court held that fresh evidence is not necessary if it does not satisfy the criteria of relevance and reliability, and that general deterrence is the dominant sentencing consideration for fraudulent tenancy offences.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Lev Panfilov [2025] SGHC 249

The court held that a complainant's testimony in a sexual offence case can constitute proof beyond reasonable doubt if it is 'unusually convincing', and that the harm suffered by a victim is not an aggravating factor unless it is especially serious.

Sushant Shukla· ·14 min read
Singapore

Pritam Singh v Public Prosecutor [2025] SGHC 242

The court affirmed the conviction of the appellant for giving false testimony before the Committee of Privileges, finding that the evidence, including contemporaneous messages and the appellant's own conduct, proved the charges beyond reasonable doubt.

Sushant Shukla· ·17 min read
Singapore

Prakash s/o Mathivanan v Public Prosecutor and other appeals [2025] SGHC 167

The court clarified the sentencing approach for amalgamated charges under s 124(4) of the CPC, emphasizing a holistic assessment of the offender's criminality over the entire course of conduct rather than a notional sentence for each incident.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Muhammed Izwan bin Borhan and another [2025] SGHC 15

Additional evidence taken on remittal did not raise a reasonable doubt regarding the original conviction.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Gumede Sthembiso Joel [2025] SGHC 121

Forfeiture of property under s 364 of the Criminal Procedure Code is discretionary and should be exercised to serve punitive, deterrent, and preventive purposes, even if the items are ubiquitous or inexpensive, provided they are directly related and substantially connected to the

Sushant Shukla· ·14 min read
Singapore

Saminathan a/l Selvaraju v Attorney-General [2025] SGCA 54

A stay of execution will not be granted solely because there are pending legal proceedings, regardless of the merits of those proceedings, if the application for permission to make a post-appeal application in a capital case lacks reasonable prospects of success.

Sushant Shukla· ·13 min read
Singapore

Roshdi Bin Abdullah Altway v Public Prosecutor and another matter [2025] SGCA 16

A second application for permission to bring a PACC application cannot be filed while a previous PACC application is pending, and the court may summarily dismiss applications that are meritless and filed as a stopgap measure to delay execution.

Sushant Shukla· ·13 min read
Singapore

Muhammad Salleh bin Hamid v Public Prosecutor [2025] SGCA 15

The court held that an applicant for a review of a criminal decision must satisfy the strict threshold of showing 'sufficient material' that is reliable, substantial, and capable of showing a miscarriage of justice, and that unfounded allegations against former counsel are repreh

Sushant Shukla· ·14 min read
Singapore

Wong Poon Kay v Public Prosecutor [2024] SGHC 91

The court established a two-stage, five-step sentencing framework for offences under s 411 of the Penal Code, emphasising that the 'multiple starting points' approach may not adequately capture the culpability and harm in complex money-laundering cases.

Sushant Shukla· ·14 min read
Singapore

Yeo Kee Siah v Public Prosecutor and another appeal [2024] SGHC 77

The court affirmed the convictions and sentences for cheating and falsification of documents, holding that the submission of invoices and delivery notes with false dates to obtain financing constituted deception, and that the sentences were not manifestly excessive.

Sushant Shukla· ·13 min read
Singapore

Thangarajan Elanchezhian v Public Prosecutor [2024] SGHC 306

The court affirmed the conviction and sentence for outrage of modesty, emphasizing the importance of judicial case management in sexual offence trials to protect complainants from re-traumatization during cross-examination.

Sushant Shukla· ·11 min read
Singapore

GIL v Public Prosecutor [2024] SGHC 287

The court held that s 116A of the Evidence Act 1893 (2020 Rev Ed) is intended to facilitate the admission of electronic records into evidence and does not relieve parties of the burden of proving the reliability of such evidence once admitted.

Sushant Shukla· ·14 min read