Criminal Law

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?

Breaking the Hierarchy – Power of the Trial Courts to Cancel Bail Granted by Higher Courts

Summary: In this article, we discuss the concept of cancellation of bail in the backdrop of a recent judgment of the Supreme Court that trial courts are empowered to cancel bail granted by higher courts if bail conditions are violated.Continue Reading Breaking the Hierarchy – Power of the Trial Courts to Cancel Bail Granted by Higher Courts

Criminal Liability of Non-Executive Directors: A New Ray of Hope

Summary: This blog compares Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), with Section 200 of the erstwhile Criminal Procedure Code, 1973 (“CrPC”). The analysis highlights how the new provision introduces an additional safeguard against prosecution for non-executive directors.Continue Reading Criminal Liability of Non-Executive Directors: A New Ray of Hope

Summary: This article aims to examine the contours of Section 223 of the BNSS, with a special focus on courts’ interpretation of the proviso to Section 223(1) of the BNSS and its practical implications.

Introduction

On December 25, 2023, India enacted a transformative triumvirate of laws – the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Bharatiya Sakshya Adhiniyam, 2023. These new criminal laws became effective on July 1, 2024, repealing and replacing the long-standing pillars of criminal law – Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 (“CrPC”), and the Indian Evidence Act, 1872, respectively.Continue Reading Demystifying Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023

    The Prevention of Money Laundering Act, 2002 (“PMLA”), places proceeds of crime at the core of the offence of money laundering. Before delving into this article, it is imperative to understand the definition of proceeds of crime, which Section 2 (1) (u) of the PMLA[1] defines as “any property derived or obtained by any person, as a result of criminal activity relating to a scheduled offence”.Continue Reading Changing Landscape of Arrest Under the PMLA – Decoding Section 19 Through Jurisprudence

    From Clicks to Cuffs: Understanding Digital Arrest in the Indian Legal Landscapes

    In this blog, we briefly discuss the concept of digital arrest, the provisions under the Bharatiya Nyaya Sanhita, 2023, applicable in case of digital arrest and the growing awareness against steps and steps taken to mitigate the same.Continue Reading From Clicks to Cuffs: Understanding Digital Arrest in the Indian Legal Landscapes

    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

    Criminal Breach of Trust vs. Cheating: Decoding the Confusion

    Introduction

    Offences such as cheating and criminal breach of trust are often invoked in Indian criminal law system. It is common practice that when a First Information Report (“FIR”) is registered under Section 406 of the Indian Penal Code, 1860 (“IPC”) (Section 316 of the Bhartiya Nyaya Sanhita, 2023 (“BNS”)) for criminal breach of trust, the same is also registered under Section 420 of IPC (Section 318 of BNS) for cheating. This practice is on account of a long-drawn confusion between the two offences, wherein the two are often equated and thus understood as offences with similar ingredients.Continue Reading Criminal Breach of Trust vs. Cheating: Decoding the Confusion

    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?