Photo of Kritika Angirish

Senior Associate in the Disputes Practice at the Mumbai Office of Cyril Amarchand Mangaldas. Kritika Angirish focuses on corporate/commercial litigation for both Indian and foreign clients, across various courts and tribunals in India, with specific focus on commercial disputes, white collar crime, insolvency and bankruptcy along with contentious litigation/ dispute advisory with a focus on the areas of anti-corruption, anti-bribery issues, anti-money laundering, sanctions violations, and serious fraud investigations. Kritika can be reached at kritika.angirish@cyrilshroff.com

Sita Soren vs. Union of India: The Interplay between Anti-Corruption Laws and Legislative Immunity

In the recent landmark ruling of Sita Soren vs. Union of India,[1] a constitution bench of the Supreme Court unanimously ruled on, inter alia, the liability of a Member of Parliament with respect to bribery under the Prevention of Corruption Act, 1988 (“PCA”), and the legislative immunity granted by the Constitution under Articles 105 and 194. This judgement overruled a long-standing position of law, laid down in PV Narasimha Rao vs. State (CBI/SPE ), which dealt with a Member of Parliament’s immunity from prosecution on charges of bribery in a criminal court.[2] This article analyses the position of anti-corruption provisions and its impact in view of the observations in Sita Soren.Continue Reading Sita Soren vs. Union of India: The Interplay between Anti-Corruption Laws and Legislative Immunity

Interplay between Foreign Extortion Prevention Act (“FEPA”) & Prevention of Corruption Act, 1988 (“PC Act”)

US President Joe Biden signed the Foreign Extortion Prevention Act in December 2023 (“FEPA”), a federal criminal offense creating criminal liability on foreign officials who demand or accept bribes thus acting as a concomitant legislation to the Foreign Corrupt Practices Act of 1977 (“FCPA”)[1]. While FCPA only criminalized/ prohibited US companies from offering or bribing foreign officials, the introduction of FEPA provides a level playing field for US companies and reverses criminal liability on foreign officials, mirroring FCPA.Continue Reading Interplay between Foreign Extortion Prevention Act (“FEPA”) & Prevention of Corruption Act, 1988 (“PC Act”)