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  • Article

    Intoxication – No Ground For Dilution Of Murder Case

    The Supreme Court of India ruled that "intoxication" of a person cannot be a ground for dilution of murder charge or into unintentional killing.
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    On A Sticky Wicket: A Point Of View On Understanding The Impact Of The Proposed Prevention Of Sporting Fraud Bill, 2013

    Timing is everything when it comes to sports. This couldn't be more true, as the Government of India is set to discuss the Prevention of Sporting Fraud Bill, 2013 ("the Bill") in the Indian Parliament, in a bid to curb issues such as match fixing that have brought much embarrassment to the sporting community in India.
    IndiaCriminal Law
    Deloitte
Deloitte
  • Article

    Online Sexual Harassment On Facebook

    In the present case of online sexual harassment, the complainant alleged the accused to be involved in commission of offences under Sections 354A of Indian Penal Code, 1860...
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Orders Framing Charge Or Refusing Discharge Are Neither Interlocutory Order Nor Final Order: Reiterates Supreme Court

    The Hon'ble Supreme Court of India recently on 07/05/2021 in Sanjay Kumar Rai v State of Uttar Pradesh and Another reiterated that orders framing charge or refusing discharge are neither...
    IndiaCriminal Law
    RPV Legal
    RPV Legal
  • Article

    Procedures And Steps Involved For Issuance Of A Non-Bailable Warrants

    In case of a cognizable offence [as defined under Sec. 2(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.), "cognizable offence" means an offence for which, and "cognizable case" means a case in which, ...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Section 498A Of IPC: A Weapon Or A Shield? – Supreme Court Of India

    The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others revisited the important issue relating to ...
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Supreme Court Upholds NCLAT Order For Winding Up Of Devas Multimedia For Operating Fraudulently Since Incorporation

    In a recent judgment in Devas Multimedia Pvt. Ltd. v. Antrix Corporation Ltd. & Anr., the Hon'ble Supreme Court has upheld the order of National Company Law Appellate Tribunal (NCLAT)...
    IndiaCriminal Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Technological Amendments Made To The Indian Evidence Act By Bharatiya Sakshya Adhiniyam

    The present article is an attempt to examine whether the endeavours made by the Parliament are sufficient to put its motto of Criminal Justice Reforms into reality or still there exist a few concerns to be addressed.
    IndiaCriminal Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    PMLA Proceedings Cannot Rest Solely On Statement Of Co-Accused Without Independent Material Linking Accused To Proceeds Of Crime: Calcutta High Court

    The Calcutta High Court, in Louis Dreyfus Company India Private Limited v. Enforcement Directorate, Government of India, CRR 1145 of 2024, examined the circumstances in which a person against whom no case was made out in the scheduled offence could nevertheless be proceeded against under the Prevention of Money Laundering Act, 2002 (“PMLA”). The Court quashed the PMLA proceedings against Louis Dreyfus Company India Private Limited (“LDC”), principally finding that the material collected by the Enforcement Directorate (“ED”) did not establish the requisite connection between LDC and the alleged proceeds of crime.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Is A Resolution Professional A 'Public Servant' Under The Prevention Of Corruption Act?

    Under the Insolvency and Bankruptcy Code, 2016, Insolvency Professionals play a central role in the Corporate Insolvency Resolution Process (CIRP)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Legal Protection For Transwomen In Marriages: A New Judicial Precedent Under Section 498-A IPC

    In a landmark ruling, the High Court of Andhra Pradesh in Vishwanathan Krishna Murthy v. The State of Andhra Pradesh (Criminal Petition Nos. 6780, 7064 and 6830 of 2022) decided that a transwomen...
    IndiaFamily and Matrimonial
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Section 167 (2) Of The CR.P.C. For Statutory Bail Applicable In PMLA (AML) Cases – Maximum Period Of Detention With Out Filing Of Charge Sheet

    Citation: In the supreme court of India Criminal Appellate Jurisdiction, Criminal Appeal no. 566 of 2017 (Arising out of SLP (Criminal) No. 2301 of 2017) titled Ashok Munilal Jain And Anr. vs. Assistant Director, Directorate Of Enforcement.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Balancing Justice And Procedure: Supreme Court Clarifies The Scope Of Section 82 Of CrPC And Section 174A Of IPC

    The Supreme Court, in its recent judgment in Criminal Appeal No. 4359 of 2024, dated January 2, 2025, addressed critical issues concerning the interplay between Section 82 of the Code of Criminal Procedure, 1973 (CrPC) and Section 174 of the Indian Penal Code, 1860 (IPC).
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Bharatiya Sakshya Adhiniyam, 2023

    Till date, the Indian Evidence Act, 1872 has served in the criminal justice system with regards to providing for general rules and principles of evidence for the commission of a fair trial, applicable to both; civil as well as criminal proceedings.
    IndiaTechnology
    J.P. Associates
    J.P. Associates
  • Article

    Analysis Of Repeal And Savings In Light Of The New Criminal Laws And Judicial Pronouncements

    The legal landscape is constantly evolving, particularly in the realm of criminal law.
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Crime & Its Causes In Society

    Crime in society shows the failure of the government in maintaining law and order but it's not always the government that breaks laws. Laws are broken by individuals who are not abstract entities of society.
    IndiaCriminal Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Discharge vs. Quashing Of Complaints In Criminal Prosecutions

    In criminal prosecutions, it becomes important to analyze the remedies available with the accused in, especially the option of choosing between the filing an application for discharge or approaching...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Fighting Frivolous FIR And Its Remedies

    FIR is the First Information Report given to a police officer in charge by any aggrieved person relating to the commission of any offence.
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    White-Collar Crime & Corporate Investigations Monthly Newsletter

    The Punjab and Haryana High Court set aside an order of the Prevention of Money Laundering (PMLA) Special Court taking cognizance after the enactment of Bharatiya Nagarik Suraksha Sanhita (BNSS)...
    IndiaCriminal Law
    DSK Legal
    DSK Legal
  • Article

    Anti-Begging Laws In India - "Idleness Is The Key Of Beggary" - C.H. Spurgeon

    To begin with, let us first understand what constitutes the meaning of the word "Begging".
    IndiaCriminal Law
    S&A Law Offices
    S&A Law Offices
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