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Pravar Misra

Senior Associate Designate in the Dispute Resolution practice at the Noida office of Cyril Amarchand Mangaldas. Pravar specializes in matters in the realm of arbitration, insolvency, white collar and other corporate and commercial litigation, and advises a wide range of domestic and international clients. He can be reached at pravar.misra@cyrilshroff.com

 

Lawful Silence, Unlawful Assumptions: Bail, Confession, and Constitutional Rights

Summary: The police are legally obligated to conduct investigations and gather evidence through lawful means. Under Article 20(3) of the Constitution, an accused person cannot be compelled to confess, as the right against self-incrimination is a protected fundamental right. Therefore, choosing not to make self-incriminating statements or confessions cannot be construed as “non-cooperation” during a police investigation. Such refusal, being constitutionally valid, cannot be used by the police as grounds to oppose bail or anticipatory bail applications.Continue Reading Lawful Silence, Unlawful Assumptions: Bail, Confession, and Constitutional Rights

Alternate remedy no bar to High Courts exercising inherent jurisdiction under Section 482 CrPC: Supreme Court

Summary: Commonly (mis)understood to be only a power of quashing, Section 482 CrPC (now Section 528 BNSS) is much broader in ambit. The Section recognises the inherent jurisdiction High Courts in India have in dealing with criminal matters, including the power to prevent abuse of process of “any court” or pass orders to “secure the ends of justice”.Continue Reading Alternate remedy no bar to High Courts exercising inherent jurisdiction under Section 482 CrPC: Supreme Court

Nascent stage of investigation no bar for quashing: Supreme Court clarifies High Court’s power under Section 528 BNSS

Summary: The power to quash a criminal matter under Section 528 BNSS, 2023 (erstwhile Section 482, CrPC, 1973), is well settled. It is a power to be exercised sparingly, within well accepted parameters, including no offence being disclosed, malice, abuse of criminal process, etc. If such relevant factors otherwise stand fulfilled, there is no bar to quashing an FIR, even if the investigation is at a preliminary/ nascent stage.Continue Reading Nascent stage of investigation no bar for quashing: Supreme Court clarifies High Court’s power under Section 528 BNSS

Beyond the Signature: Who Gets a Seat at the Arbitration Table?

Summary: This blog clarifies the prior steps that must be taken before approaching a magistrate with an application under Section 156(3) CrPC- with reference to a recent judgement of the Supreme Court in Anurag Bhatnagar. We explain how the judgement in Anurag Bhatnagar ought not to be taken as a blanket exemption from the pursuing the prior steps.Continue Reading Steps under Section 154 CrPC no longer mandatory? Judgment in Anurag Bhatnagar-unique outlier or shift in jurisprudence?

WhatsApp Blocked: SC Directs Service of Section 41A CrPC Notice by Permissible Modes Only

Introduction

Electronic devices, mass media/ social media applications are now universally used for communications, collaboration and everyday work.

The judiciary, too, has embraced such technological advances. E-filings and virtual hearings have become a regular part of legal practice in the country, and are not exceptions any longer.Continue Reading WhatsApp Blocked: SC Directs Service of Section 41A CrPC Notice by Permissible Modes Only

Background

A scheme of arrangement is an oft used mechanism for company restructuring, which may take the form of a ‘merger’, a ‘demerger’ or even a ‘compromise’ with creditors. Sections 391-394 of the Companies Act, 1956 (“1956 Act”), read with the Companies (Court) Rules, 1959, were the relevant statutory framework governing this. Continue Reading Objections at the first motion stage: Light at the end of the rainbow?

When Further Investigation Under Section 173(8) CRPC is Impermissible

OVERVIEW

A criminal trial is nearing its conclusion. The evidence has been led, and witnesses examined and cross examined. Only the final arguments remain. Yet, for “the pursuit of truth”, would a “further investigation” be permissible at such a belated stage? In several judgments, the Hon’ble Supreme Court has answered this question in the affirmative, subject to there being compelling facts justifying such an extraordinary measure.Continue Reading When Further Investigation Under Section 173(8) CRPC is Impermissible

Out on bail: Do not disturb?

OVERVIEW

A live location on your mobile phone, gets you a cab and instant food/grocery delivery, among myriad other things. On occasion, a live location could also get you bail!This is seen from several recent judicial orders including some passed by the Hon’ble Delhi High Court and the Hon’ble Supreme Court as well.Continue Reading Out on bail: Do not disturb?

Summoning additional accused in criminal trial: When, why and how

OVERVIEW

Can a person who is neither named in the first information report (“FIR”) nor mentioned in the chargesheet, be summoned by a trial court later to face trial as an accused in respect of the very same FIR and chargesheet? If so, what would be the threshold and under what circumstances can such power be exercised?Continue Reading Summoning additional accused in criminal trial: When, why and how

Tarsem Lal v Directorate of Enforcement: Supreme Court further clarifies PMLA framework

OVERVIEW:

Through a series of recent judgements, the Hon’ble Supreme Court has outlined limits to the Directorate of Enforcement’s (“ED”) powers under the Prevention of Money Laundering Act, 2002 (“PMLA”). Resultantly, issues that were rather ambiguous are now a lot clearer.Continue Reading Tarsem Lal v Directorate of Enforcement: Supreme Court further clarifies PMLA framework