The Supreme Court, in State of Rajasthan v. Jhabra Ram [2026 INSC 1169] has held that in the absence of demonstrable prejudice or denial of an opportunity to defend, an alleged procedural defect in the mode of service cannot ipso facto invalidate detention or entitle an accused to regular bail, more so in cases involving grave allegations of espionage affecting national security and sovereign integrity.
The Court relied on State of Karnataka v. Sri Darshan and Kasireddy Upender Reddy v. State of Andhra Pradesh, and reiterated that an alleged procedural defect must be examined in light of whether it caused demonstrable prejudice to the accused.
