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?

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

ED cannot arrest accused once cognizance is taken by the Special Court under PMLA: Supreme Court

Introduction:

In Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office,[1] the bench comprising Justices Abhay S. Oka and Ujjal Bhuyan of the Supreme Court (“SC”) held on (i) the Enforcement Directorate’s (“ED”) powers of arrest under Section 19 of the Prevention of Money Laundering Act, 2002[2] (“PMLA”), once cognizance is taken of a PMLA complaint under Section 44(1)(b) of the PMLA,[3] and (ii) the applicability of the twin conditions of bail under Section 45 of the PMLA[4] in instances where the accused has furnished a bond in accordance with Section 88 of the Code of Criminal Procedure, 1973[5] (“CrPC”), for appearance in court following summons. In this significant decision, the SC essentially addresses the extent of the ED’s powers of arrest and applicability of the stringent twin conditions of bail under Section 45 of the PMLA once the Special Court has taken cognizance of a complaint under Section 44 of the PMLA.Continue Reading ED cannot arrest accused once cognizance is taken by the Special Court under PMLA: Supreme Court

Tests “Public Servants” must pass to claim protection under Section 197 of Cr.P.C. and is there a silver lining?

The Dilemma:

If an investigating authority intends to investigate a public servant[1], the authority has to mandatorily secure appropriate sanction from a competent authority[2] to even begin the investigation. Particularly, when the allegations pertain to offences punishable under the Indian Penal Code, 1860 (“IPC”), the investigating authority must secure the sanction under Section 197 of Code of Criminal Procedure, 1973 (“CrPC”), from the competent authority and when the allegations pertain to offences punishable under the Prevention of Corruption Act, 1988 (“PC Act”), sanction must be secured under Section 19 of the PC Act. Often, the alleged act under investigation attracts punishment or penalty under both IPC and PC Act.Continue Reading Tests “Public Servants” must pass to claim protection under Section 197 of Cr.P.C. and is there a silver lining?

Right to Be Informed: Communicate Written Grounds of Arrest , SC Tells ED

The Supreme Court of India has recently taken important strides towards protecting personal liberty and curbing indiscriminate exercise of power by the Directorate of Enforcement (“ED”). In a fresh judgment in Pankaj Bansal v. Union of India[1], the Supreme Court has criticised disparate procedures being used by various officers of the ED across the country while arresting a person accused of committing an offence under the Prevention of Money Laundering Act, 2002 (“PMLA”), mandating that the provision of written grounds of arrest be provided to the arrested person as a matter of course and without exception.Continue Reading Right to Be Informed: Communicate Written Grounds of Arrest, SC Tells ED

Unsettling the balance: analysing the Import of section 167(2) OF CRPC.

The debate around the interpretation of Section 167(2) of the Code of Criminal Procedure, 1973 (“CrPC”), as regards timing of police custody has reawakened since the Supreme Court in V. Senthil Balaji vs. State represented by Deputy Director & Ors.[1]; 2023 SCC Online SC 934(“Senthil Balaji Case”), sought to re-examine the position. In the course of assessing the import of Section 167(2) of CrPC, the Supreme Court has raised doubts on the otherwise settled position of law laid down in the Central Bureau of Investigation vs. Anupam J. Kulkarni[2];(1992) 3 SCC 141, later concurred by a Full Bench of the Supreme Court in Budh Singh vs. State of Punjab; (2000) 9 SCC 266. The Supreme Court has referred the matter to the Chief Justice of the Supreme Court for appropriate orders to form a larger bench.Continue Reading Unsettling the balance: Analysing the Import of Section 167(2) of CRPC.