ALEXA….JAIL OR BAIL? USE OF ARTIFICIAL INTELLIGENCE IN BAIL PROCEEDINGS

This is a guest post by the brilliant law interns Hamna, Ananya, Sakshi and Satyam who interned with the Chambers a few months back. One of the most illuminating columns I've read on the subject. [1] Bail law in India is all about judicial discretion. There have been various criticisms, from various quarters, of discretion … Continue reading ALEXA….JAIL OR BAIL? USE OF ARTIFICIAL INTELLIGENCE IN BAIL PROCEEDINGS

Can the Administrator of a WhatsApp Group be Held Liable for Objectionable Posts?

First published on Bar & Bench Like it or not, we are all part of various WhatsApp groups. In fact, nearly all of us are in more groups than we’d prefer. From project groups to groups for every legal file that comes into office, or the random temporary group that was created for a brief … Continue reading Can the Administrator of a WhatsApp Group be Held Liable for Objectionable Posts?

Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against self-incrimination.   Our smartphones are an extension of our minds and souls. Our deepest desires. Our darkest secrets. Our smartphones know … Continue reading Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

Definition of ‘Fraud’ under the Companies Act: A case of a blurred signpost to criminality.

First published by SCC Online #ExpertsCorner "When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean—neither more nor less."  "The question is," said Alice, "whether you can make words mean so many different things."  "The question is," said Humpty Dumpty, "which is to be master—that's all." ** Who is the master of them all? … Continue reading Definition of ‘Fraud’ under the Companies Act: A case of a blurred signpost to criminality.

WHY THE HIGH COURT ORDER DENYING BAIL TO THE STANDUP COMEDIAN MUNAWAR MAY BE UNTENABLE IN LAW

Just looked at the High Court order denying bail to the comedian Munawar. With great respect, here are my two cents on how the decision is untenable in law, in my humble opinion: The decision ignores the fundamental principle of criminal law : Presumption of Innocence. The decision also ignores the rather limited scope of … Continue reading WHY THE HIGH COURT ORDER DENYING BAIL TO THE STANDUP COMEDIAN MUNAWAR MAY BE UNTENABLE IN LAW

COVID & WHITE COLLAR CRIME

First published on SCC Online Blog There’s hardly any webinar on the effects of the pandemic that gets concluded without the wise panellists exhorting us – in Churchill’s words not to, “let a perfectly good crisis go to waste”. The intent, of course, is for us to gather newer skills and keep reinventing ourselves, in order to stay … Continue reading COVID & WHITE COLLAR CRIME

CRIMINAL PROSECUTION FOR VIOLATION OF RESOLUTION PLAN UNDER IBC : AN ANALYSIS OF NCLAT JUDGMENT IN AMTEK AUTO

On the process of criminal prosecution for offences under the IBC and the problems created by the NCLAT judgment in Amtek case.. “YOUR WORD IS YOUR HONOUR. IF YOU SAY YOU ARE GOING TO DO SOMETHING, THEN YOU NEED TO DO IT.”Joyce meyer While honour and morality guide the higher man, for everyone else - … Continue reading CRIMINAL PROSECUTION FOR VIOLATION OF RESOLUTION PLAN UNDER IBC : AN ANALYSIS OF NCLAT JUDGMENT IN AMTEK AUTO