Laws are Prospective but Case Laws are Retrospective

A law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation. But the reverse is true for the law which is laid down by a Constitutional Court, or law as it is interpretated by the court. The judgment of the court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively, says the Supreme Court (SC) in Kaniskh Sinha v State of West Bengal [2025 INSC 278].

If Reason for Arrest not Informed Court must Grant Bail

Informing an arrested person clearly and effectively of the grounds for his/her arrest is a fundamental right under Article 22(1) of the Constitution and the right to live with dignity is a part of the rights guaranteed under Article 21, says the Supreme Court (SC) in Vihaan Kumar v The State of Haryana & Another [2025 INSC 162].

In Cheque Case, Trial Can Proceed without the Accused

Trial for the offence under Section 138 of the Negotiable Instruments Act (NI Act) can proceed in the absence of the accused and without recording a statement under Section 313 CrPC, if the accused or their advocate has not been attending the trial or the accused has not sought for dispensing personal attendance, says the Bombay High Court in Navneet Singh Gogia & Another v State of Maharashtra & Another [2025:BHC-AS:3054].

Maintenance u/s 125 CrPC is basically a Civil Proceeding

Maintenance proceedings under Section 125 of the Code of Criminal Proceedings (CrPC) are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence, says the SC in Rina Kumari @ Rina Devi @ Reena v Dinesh Kumar Mahto @ Dinesh Kumar Mahato & Another [2025 INSC 55].