#pre-arrest liberty

The Karnataka High Court ruled that anticipatory bail under BNSS 2023 can be granted to a woman accused of minor assault where allegations are limited and lack severity, reinforcing gender-sensitive considerations in pre-arrest liberty. The decision underscores that mere apprehension of arrest, coupled with the accused's gender and the nature of the offense, warrants protection under Section 482 BNSS.

Patna High Court rules that mere allegations of AI-generated morphed images, without proof of virality or malicious intent, cannot justify pre-arrest detention under POCSO and IT Act. The court emphasized the need for verified digital evidence and parental supervision assurances in granting anticipatory bail to the 18-year-old accused.

The Bombay High Court has ruled that a public servant with a clean service record and no access to official records due to suspension cannot be arrested merely because their digital signature appears on disputed permits. This sets a critical precedent protecting honest officials from arbitrary detention when allegations hinge on administrative oversight, not criminal intent, under the Bharatiya Nyaya Sanhita and Essential Commodities Act.

The Bombay High Court granted anticipatory bail to an accused in a food safety case where the alleged contraband was recovered from a co-accused’s premises, not his own, and the legal validity of BNS Section 123 remains under Supreme Court review. This ruling reinforces that mere association through disclosure, without physical possession or direct evidence, cannot justify pre-arrest detention - especially when the statute’s applicability is unsettled, protecting individuals from speculative prosecution under untested provisions.