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Supreme Court to Weigh Retrospective and IPC Application of Written Arrest Grounds Rule

Karnataka’s appeal follows a high court order freeing a murder suspect over the lack of a written arrest justification.

The top court posted the matter on July 18 (ANI)
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Overview

  • The Supreme Court bench of Justices K.V. Viswanathan and N. Kotiswar Singh has issued notice on Karnataka’s petition and scheduled a July 18, 2025 hearing.
  • The state challenges an April 17 Karnataka High Court decision that applied the Pankaj Bansal ruling retroactively to release a man arrested for murder.
  • The justices will determine whether the October 3, 2023 mandate for written reasons extends to Indian Penal Code offences and arrests before that date.
  • A separate bench led by Chief Justice B.R. Gavai has already reserved judgment in the Mihir Rajesh Shah case on similar issues of retrospective effect.
  • Justice Viswanathan warned that enforcing the rule retroactively could prompt thousands arrested before October 2023 to seek annulment of their detentions.