AdvocateHigh Court of Judicature at Allahabad

Prayagraj · Scroll

Adopted 26 November 1949

The Constitution of India

Article 32

The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

Called “the very soul of the Constitution and the very heart of it”.Dr B.R. Ambedkar, Constituent Assembly, 9 December 1948

Article 39A

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid … to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Free legal aid is part of a fair procedure.M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544

Article 141

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Part III and beyond

More Articles

  • Article 14 Equality before the law.E.P. Royappa v. State of Tamil Nadu, (1974) 4 SCC 3
  • Article 20 No retrospective offence, no double jeopardy, no compelled self-incrimination.Selvi v. State of Karnataka, (2010) 7 SCC 263
  • Article 22 Grounds of arrest and the right to counsel.Joginder Kumar v. State of U.P., (1994) 4 SCC 260
  • Article 32 and 226 Writs to enforce fundamental rights.L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
  • Article 39A Free legal aid.M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544

Article 20(3)

No person accused of any offence shall be compelled to be a witness against himself.

Involuntary narco-analysis and polygraph tests are barred.Selvi v. State of Karnataka, (2010) 7 SCC 263

Article 22(1)

No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

Arrest must be justified, not routine, and a friend or relative must be told.Joginder Kumar v. State of U.P., (1994) 4 SCC 260

Article 226

Every High Court shall have power … to issue to any person or authority … directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari …

The High Court’s power of judicial review is part of the basic structure.L. Chandra Kumar v. Union of India, (1997) 3 SCC 261

Part III · Fundamental Rights

Article 21

Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

As the Supreme Court has read it

  • Life means life with human dignity, not mere animal existence.Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608
  • Procedure established by law must be fair, just and reasonable.Maneka Gandhi v. Union of India, (1978) 1 SCC 248
  • Privacy is a fundamental right.K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1
  • A speedy trial is a fundamental right of the accused.Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81

Article 14

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Equality is antithetic to arbitrariness.E.P. Royappa v. State of Tamil Nadu, (1974) 4 SCC 3

Article 20(1)

No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Article 20(2)

No person shall be prosecuted and punished for the same offence more than once.

The bar needs an earlier prosecution and punishment before a court or judicial tribunal.Maqbool Hussain v. State of Bombay, AIR 1953 SC 325

The Constitution of IndiaPreamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Part III · Fundamental Rights

Article 21

Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

As the Supreme Court has read it

  • Life means life with human dignity, not mere animal existence.Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608
  • Procedure established by law must be fair, just and reasonable.Maneka Gandhi v. Union of India, (1978) 1 SCC 248
  • Privacy is a fundamental right.K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1
  • A speedy trial is a fundamental right of the accused.Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81
TheConstitutionofIndia
The Constitution of India Preamble Adopted by the Constituent Assembly on 26 November 1949, now observed as Constitution Day, and in force from 26 January 1950.

The Practice

A criminal law practice before the High Court of Judicature at Allahabad, covering the full course of a criminal case, from bail and anticipatory bail to quashing, writs, appeals and revisions.

Areas of Practice

Practice

Select an area to read more

Bail

Bail is the rule,
jail the exception.

The principle traced to State of Rajasthan v. Balchand, (1977) 4 SCC 308

Criminal Liability

Actus non facit reum nisi mens sit rea.

The act does not make a person guilty unless the mind is also guilty.

The Advocate

Suryansh Chaudhary practises criminal law before the High Court of Judicature at Allahabad. He began his practice in the District Court before moving to the High Court, and holds an LL.M. in Criminology.

Court
High Court of Judicature at Allahabad
Qualifications
B.A. LL.B., LL.M. (Criminology)
Enrolment
UP/20212/2023
Full profile Download profile (PDF)

The Journey of India’s Legal Framework

From the bullock cart to the Moon, and from the Mayor’s Court to the BNSS

Walk through the journey

1726 Bullock cartThe age of the Mayor’s Courts

1853 India’s first passenger trainBombay to Thane

1932 India’s first airmail flightJ.R.D. Tata, Karachi to Bombay

1947 IndependenceThe tricolour is hoisted over a free India

1958 Hindustan AmbassadorBuilt at Uttarpara, near Calcutta

ISRO

2023 ISRO LVM3 lifts Chandrayaan-3Sriharikota to the Moon

Natural Justice

Audi alteram partem.

Let the other side be heard.

Old Law, New Law

Find the new section

Since 1 July 2024 the IPC, the CrPC and the Evidence Act have been replaced. Type an old section number or the name of an offence to see where it now sits, or switch to search by the new section to find where it came from.

IPC302
BNS103

Murder

    General reference only, covering frequently used provisions. A new section is not always a word-for-word copy of the old one, so read the new provision itself before relying on it.

    Know Your Rights

    If you are arrested

    The law gives every person safeguards at the time of arrest. These are general information, not legal advice.

    To know why you are arrested

    The officer must tell you the full particulars of the offence and the grounds of arrest straight away. If the offence is bailable, you must also be told that you can be released on bail.

    Section 47 BNSS · Article 22(1)
    To have someone told of your arrest

    The police must inform a relative, friend or other person you name about the arrest and where you are being held.

    Section 48 BNSS
    To meet an advocate

    You may meet an advocate of your choice during interrogation, though not necessarily throughout it.

    Section 38 BNSS · Article 22(1)
    To be taken before a Magistrate within 24 hours

    You cannot be kept in police custody for more than 24 hours, excluding travel time, without being produced before a Magistrate.

    Section 58 BNSS · Article 22(2)
    To a medical examination

    An arrested person is to be examined by a medical officer, and the record of the examination is kept.

    Section 53 BNSS
    To stay silent against yourself

    No person accused of an offence can be compelled to be a witness against himself.

    Article 20(3)
    A notice instead of arrest

    For many offences punishable with up to seven years, the police may issue a notice to appear instead of arresting. If you comply with the notice, you are generally not to be arrested.

    Section 35(3) BNSS
    A free copy of the FIR

    An FIR can be lodged at any police station, whatever the place of the offence, and the informant is entitled to a copy free of cost.

    Section 173 BNSS

    Burden of Proof

    Ei incumbit probatio qui dicit, non qui negat.

    The burden of proof lies on the one who asserts, not on the one who denies.

    Notes

    Notes on the new criminal laws

    All notes
    Bail

    Anticipatory bail under Section 482 BNSS

    What changed when Section 438 of the CrPC became Section 482 of the BNSS, and what did not.

    Quashing

    Quashing under Section 528 BNSS

    The inherent powers of the High Court after the new law, and why the old case law still governs.

    Bail

    Regular bail under the BNSS

    Sections 478 to 483, the new rule for first-time undertrials, and police custody in parts.

    Procedure

    Zero FIR, e-FIR and the new time limits

    How an FIR is now registered, when the police may first enquire, and the clocks the Sanhita sets for the trial.

    Contact

    For professional correspondence

    Emailsuryansh@suryanshoffice.in
    Mobile+91 9756 198198
    CourtAllahabad High Court, Prayagraj

    Let justice
    be done.

    Fiat justitia