Supreme Court orders mandatory disclosure of criminal history in bail petitions

Supreme Court frowns upon individuals suppressing criminal history while seeking bail, mandates full disclosure in petitions.

Saying it was "taken for a ride", the Supreme Court has frowned upon a "growing trend" where persons suppress their criminal history while seeking bail or protection from coercive action.

A bench of Justices Dipankar Datta and Manmohan on Thursday (April 3, 2025) said, "A growing trend is being noticed of individuals, seeking from this court the concession of bail or concession of protection from arrest, not disclosing in the special leave petitions their involvement in other criminal cases."

The bench, as a result, rejected the bail plea of a murder accused finding "suppression of material facts".

"This court has shown leniency in the past but we think it is time that such state of affairs is not allowed to continue further," it noted.

Going forward, the court said, every person moving the top court with a "special leave petition (criminal)" against the orders of the high courts or sessions courts denying them reliefs under Sections 438/439 of the Code of Criminal Procedure (bail or anticipatory bail), 1973, or under Sections 482/483, Bharatiya Nagrik Suraksha Sanhita should mandatorily disclose in the "synopsis" whether they have "clean antecedents" or possess the knowledge of being involved in a criminal case.

"He shall clearly indicate the same together with the stage that the proceedings, arising out of such case, have reached," it added.

The bench's April 3 order said if the disclosure was found to be incorrect subsequently, it would be grounds in itself to dismiss the special leave petition.