APS Judicial Academy

25/09/2026

Jaskaran Jeet Singh Deol v. State of Punjab

Supreme Court of India | Ujjal Bhuyan & Atul S. Chandurkar, JJ. | 21.09.2026

🔍 FACTS
The accused in a POCSO/BNS case was arrested without written grounds of arrest and was produced before the Magistrate after more than 24 hours. That violated both Article 22(1) and Article 22(2). The Magistrate released him.

The same day, the same SHO filed a fresh custody application, still without furnishing the grounds. The ACJM dismissed it. The police still obtained arrest warrants. The Punjab & Haryana High Court then held that, given the gravity of the offence, the police could not be restrained from re-arresting him.

❓ ISSUE
Can an accused released for breach of Article 22(1) and (2) be re-arrested for the same offence? If yes, how?

✅ HELD
The Supreme Court set aside the High Court's order. Re-arrest is not barred. But the power to re-arrest cannot stay with the same authority that violated the Constitution. It must have judicial imprimatur.

📋 RE-ARREST GUIDELINES
1️⃣ The police must first furnish written grounds of arrest to the accused.
2️⃣ They must move an application before the Magistrate stating the reasons, the necessity, and an explanation for the earlier non-supply.
3️⃣ The application needs the endorsement of the immediate superior authority.
4️⃣ The superior officer must transfer the investigation to another officer and order a departmental enquiry. An adverse finding goes into the officer's service book.
5️⃣ The Magistrate decides, preferably within a week, after following natural justice. Re-arrest is allowed only if the Magistrate is satisfied that the lapse was bona fide and that re-arrest is genuinely necessary.
6️⃣ The same procedure applies to a breach of Article 22(2). The High Court may also award compensation as a public law remedy.

💡 KEY TAKEAWAYS

Release for an Article 22 violation is not bail. It is release from illegal detention.
A constitutional violation needs no proof of prejudice. Mihir Rajesh Shah is the binding law over Sri Darshan and Sonam Raghuvanshi.
Article 22(1) is not statute-specific, so it applies to special enactments too.
Exception: under Article 22(3), clauses (1) and (2) do not apply to preventive detention.
Sanjay Dutt and Rakesh Kumar Paul are distinguished because they dealt with re-arrest after default bail.
The judgment has been circulated to all DGPs, High Courts and State Judicial Academies.

23/09/2026

22/09/2026

Can a Wife File a R**e Case Against Her Husband? | Marital R**e in India

Can a wife file a r**e case against her husband?

The answer under Indian law is more complicated than you might think.

What exactly is marital r**e? Why does Indian law currently make an exception for a husband and an adult wife? And why is the issue now before the Supreme Court of India?

In this reel, we break down the marital r**e debate in India in simple language — the current legal position, the arguments on both sides, and the constitutional question before the Supreme Court.

Marriage = permanent consent? Or does consent remain an individual right even after marriage?

Watch till the end and understand the issue before the Supreme Court.

This video is for legal education and general awareness and should not be treated as legal advice.

**e **eInIndia

18/09/2026

You think women can’t lift LPG cylinders?— Supreme Court asks. ⚖️

A woman was denied employment at an Indian Oil Corporation LPG bottling plant, with evidence indicating that her gender was a reason for the denial.

Years later, after she had reached superannuation, the Supreme Court awarded her ₹12 lakh compensation, observing that denying her the opportunity merely because she was a woman was an affront to her dignity.

The case raises an important constitutional question:
Can gender alone determine a person’s suitability for a job?

📌 Case:Sumitra v. Indian Oil Corporation Ltd.
📌 SLP (C) No. 19874/2026
📌 Supreme Court of India
What do you think about the Court’s approach?
Comment below. 👇

15/09/2026

Is abortion legal in India? What does the law actually say?

Can an unmarried woman legally get an abortion?
Does a husband’s or parents’ permission matter?
What if the woman is a minor?
How many weeks is abortion legally allowed?
And is the entire process confidential?

In this reel, we break down the Medical Termination of Pregnancy Act, 1971 (MTP Act) in simple language — including the rules around 20 weeks, 20–24 weeks, minors, guardian consent, POCSO, confidentiality and the role of Registered Medical Practitioners.

⚖️ Know the law. Don't rely on myths, WhatsApp forwards or random social media advice.

Save this reel — because this is information everyone should know.

Disclaimer: This video is for general legal awareness and educational purposes only. It does not constitute legal or medical advice. Laws and individual circumstances can vary, so consult a qualified legal or medical professional for advice specific to your situation.

11/09/2026

Police Custody vs Judicial Custody: Know the Key Difference!

08/09/2026

Can Police Ask for Your Phone Password? | Can Police Force You to Unlock Your Phone? | Kya Phone ka Password Dena Zaroori Hai?📱⚖️

Police aapse phone ka password maangti hai.

Kya aap legally bound hain password batane ke liye?

Aur agar phone Fingerprint ya Face ID se unlock hota hai — kya police aapke biometrics ka use kar sakti hai?

Is reel mein samjhiye:

⚖️ Article 20(3) — Right against Self-Incrimination
⚖️ Kathi Kalu Oghad — physical evidence vs testimonial compulsion
⚖️ Selvi v. State of Karnataka — personal mental knowledge & constitutional protection
⚖️ Virendra Khanna v. State of Karnataka — password, passcode & biometrics
⚖️ DPDP Act, 2023 — kya Data Protection Law police investigation se aapko protect karta hai?

Bottom line:
👉 Phone seize hona ≠ password dena
👉 Password ≠ fingerprint/Face ID
👉 Police ka password maangna aur legally force kar paana — same question nahi hai.

Save 📌 | Share ↗️ | Follow for more legal explainers

This content is for legal awareness and educational purposes only and does not constitute legal advice.

05/09/2026

DO POLICE VEHICLES NEED CONTINUOUS VIDEO RECORDING DURING TRANSIT? 🚨🎥

Imagine a police squad transporting an accused over a long-distance 160 KM highway journey spanning 3 to 4 hours. Is the police legally mandated to videograph every single second inside that vehicle?

This exact question was recently resolved by the Supreme Court of India in the landmark case of The State of Andhra Pradesh versus Suda Suresh Veera Venkata Naga Raju [2026 LiveLaw (SC) 722]. The case emerged under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), involving a suspended Police Inspector accused in a custodial death case where the police station's CCTV footage had mysteriously gone missing.

Initially, the High Court directed the Special Investigation Team (SIT) to continuously videograph "every movement" of the accused during transit between Rajamahendravaram Central Prison and Vijayawada.

However, the Supreme Court stepped in with a much-needed reality check! The Court ruled that an inflexible mandate to continuously videograph road transit is completely unworkable in practice. It acknowledged that road travel inherently faces logistical limitations like signal loss, battery drainage, recording equipment limits, and security considerations.

So, what is actually mandatory under the law? ⚖️ The Supreme Court clarified that audio-visual safeguards are fully satisfied by:
1️⃣ Actual Interrogation Sessions: Recording actual questioning or interaction with the accused.
2️⃣ Discovery/Recovery Proceedings: Recording when the accused leads police to recover material evidence or discover facts.

The law must remain practical. While protecting individual rights is vital under Article 21, forcing unworkable technological burdens on investigating agencies only hinders the pursuit of truth.

What do you think about this realistic balance? Drop your thoughts in the comments and follow for your daily dose of legal insights! 👇

04/09/2026