Can caveat be filed in criminal cases ?

In India, a caveat which is a legal notice filed to ensure a party is heard before any adverse order is passed is primarily a civil law concept under Section 148A of the Code of Civil Procedure (CPC). It doesn't generally apply in criminal cases because the Code of Criminal Procedure (CrPC) doesn't provide for caveats. However, some High Courts, like the Allahabad High Court, do allow caveats in specific criminal contexts such as criminal writ petitions. The Supreme Court also permits caveats in certain criminal matters, including Special Leave Petitions (SLPs) and appeals. So, while caveats aren't broadly recognized in criminal law, they do have limited use in certain higher court criminal proceedings.

The provision for caveat under Section 148A of the Code of Civil Procedure, 1908 cannot be pressed into service by a party in a criminal case or proceedings. This is because the Code of Criminal Procedure, 1973 does not provide for the same. Both the Codes are distinct from each other and procedures stipulated thereunder are the outcome of Legislative wisdom. Without the Legislature introducing a provision for caveat under the CrPC by way of amendment, the same cannot be prayed for by a party involved in a criminal proceeding.
The above has been clarified by Hon'ble Delhi High Court in the case of Deepak Khosla v. Union of India & Ors. Thus, a caveat cannot be filed in criminal cases.