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  • Article

    Cyber Law: Series 2: Issue 10 - The Zero Liability Principle In Cyber Fraud - Hare Ram Singh v. Reserve Bank Of India & Ors Case

    The Petitioner, Hare Ram Singh fell victim to cyber fraud after clicking a link in an SMS message prompted by a suspicious call.
    IndiaCriminal Law
    MCO Legals
    MCO Legals
  • Article

    Decriminalisation Of 'Minor Offences': Factors To Be Considered And Its Probable Implication

    In the wake of COVID-19 pandemic and the consequent lock-down, the Finance Minister of India on June 08, 2020 has proposed to decriminalise minor offences...
    IndiaCriminal Law
    Rajani Associates
    Rajani Associates
Article

Discharge And Framing Of Charge Under The Bharatiya Nagarik Suraksha Sanhita 2023: Reform Or Restatement?

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973, raising critical questions about whether the law on discharge and framing of charges has fundamentally changed. While the substantive principles remain largely continuous with established jurisprudence, the BNSS introduces important procedural timelines and electronic hearing provisions that courts and advocates must navigate carefully. This analysis examines the continuity of legal standards, the new proc
IndiaCriminal Law
Kochhar & Co.
Kochhar & Co.
  • Article

    How To Reduce Frauds And Cyber Crime In An Outsourced Environment

    In 2022, firms spent more than $700 billion on outsourcing. Global outsourcing spending might reach $731 billion in 2023, with IT services contributing up to 72% of total global outsourced valuations.
    IndiaCriminal Law
    Ankura Consulting Group LLC
    Ankura Consulting Group LLC
  • Article

    Semi-Annual Anti-Corruption, White Collar Crimes & Investigations Compendium 2024

    This compendium consolidates all the relevant notifications and circulars pertaining to Anti-Corruption, White Collar Crimes & Investigations, which has been circulated during the calendar period from January 2024 till June 2024.
    IndiaCriminal Law
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    You Are Under Arrest: Digitally Speaking!

    Imagine waking up to a phone call from a stranger who claims to be a police officer. They speak with such authority and confidence that you have no reason to doubt them. The words "You are under investigation" and "We have flagged your online activity" send a chill down your spine. Panic sets in as the voice on the other end of the line demands that you provide payment immediately to avoid arrest.
    IndiaCriminal Law
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    The Rise Of Money Laundering In Banking Sector In India: How Unsafe Is The Public Money?

    Money laundering in the banking sector has been a recurring motif in India for over a century. The earliest known forms of bank frauds include, amongst other things, forging of instruments, accounting irregularities and inflation of assets.
    IndiaGovernment, Public Sector
    Phoenix Legal
    Phoenix Legal
  • Article

    Disruption Of Economy: Inefficacy In Due Diligence By Banks

    Financial institutes play a vital role in the upliftment of the economy of any country as they are managers of the most powerful instrument that helps in the functioning of the whole economy, i.e., money.
    IndiaCorporate/Commercial Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    156(3), CrPc: Interlocutory Or Not? Treading A Paradoxical Course

    The term "interlocutory order" is a term that has no lack of well-known legal significance and appears to present no complex difficulty.
    IndiaLitigation, Mediation & Arbitration
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    Allegations Of Fraud Not A Bar To Foreign Seated Arbitration

    In a landmark decision the Supreme Court of India has expressly removed allegations of fraud as a bar to refer parties to foreign seated arbitrations.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Section 498A Of The Indian Penal Code, 1860 – A Crying Need For A Fine Balancing Act To Address The Flaws In This Provision

    Section 498A of the Indian Penal Code, 1860 ("IPC") was introduced in 1983 and the statement of objects and reasons explained that (a) the increasing number of dowry deaths...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Crime Never Dies

    "Nullum tempus occurrit regi", which originated in the 1250s, was first used by Bracton in his De legibus et consuetudinibus Angliae.
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Interplay Between Powers Of Attachment, Forfeiture And Retention Under BNSS And Special Statutes Analysis Of Section 107 BNSS Vis-A-Vis PMLA

    The enactment of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”) in 2023 signals a paradigm shift in India’s criminal procedural framework, aimed to enhance the efficiency, integrity, and responsiveness of the criminal justice system. Effective from 1 July 2024, the BNSS replaces the previously governing Code of Criminal Procedure (“CrPC”) of 1973. This new legislation introduces a range of reforms, including the integration of technology in trial processes, the provision for trial in absentia, zero FIR, and e-FIR, all aimed at streamlining the criminal justice procedures.
    IndiaCriminal Law
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    Section 160 Of The Code Of Criminal Procedure,1973- To Attend Or Not To Attend?

    The general misconception that often plagues the citizenry of this nation is that the powers and authority of the Police Department are unfettered and untrammeled.
    IndiaCriminal Law
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    When Can A Company Be Held Criminally Liable? The Supreme Court Examines The Question Of Corporate Mens Rea

    A company, in the eyes of law, is a separate legal person. But unlike an individual, it cannot think, speak or act on its own. Every corporate decision is ultimately taken by people—directors...
    IndiaCriminal Law
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    International Developments - October 2024

    In August 2024, an auditing firm was fined USD 19,500,000 (US Dollars nineteen million five hundred thousand) by the Financial Conduct Authority ("FCA")...
    IndiaCompliance
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Arguing For A Settlement Framework For Commercial Organizations Under The Prevention Of Corruption Act

    In the US, DPAs are often negotiated by prosecutors with limited judicial involvement.
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    SEBI Curtails Scope Of Consent Order

    In line with its objective to bring clarity in scope and transparency in procedural framework, SEBI has revamped its existing consent order framework.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Scams And Frauds: Black Eyes In The Banking Industry

    Since the dawn of time, man has had a drive for accumulating wealth. Means were considered essential in the good old times.
    IndiaCriminal Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Supreme Court Upholds Advocate-Client Privilege: A Barrier Against Investigative Overreach

    The Supreme Court of India, in a significant and far-reaching judgment, has reaffirmed the sanctity of the advocate-client relationship and curtailed investigative agencies' powers...
    IndiaCriminal Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 361–380 of 1064 results

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