Kanishk Sinha v. State of West Bengal: Prospective vs Retrospective Application of Judicial Rulings
The Supreme Court examined when procedural safeguards established by judicial precedents apply prospectively or retrospectively.
Adv. Vikram Joshi
Senior Partner, Criminal Law
Introduction
In Kanishk Sinha & Another v. State of West Bengal & Another (2025), the Supreme Court addressed allegations of forgery and fraud while examining the prospective application of procedural requirements from prior judgments.
The Legal Question
Whether procedural safeguards established in Priyanka Srivastava judgment apply prospectively or retrospectively.
The Court's Ruling
- Prospective Application: Procedural safeguards generally apply prospectively
- Substantive vs Procedural: Distinction between substantive and procedural law changes
- Pending Cases: Treatment of cases pending when new procedures announced
Significance
This judgment provides important guidance on the temporal application of judicial pronouncements establishing new procedural requirements.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information contained herein may not be applicable to all situations and may not reflect the most current legal developments. Please consult with a qualified attorney for specific legal advice regarding your situation.
