COVID and White Collar Crime

There’s hardly any webinar on the effects of the pandemic that gets concluded without the wise panelists exhorting us – in Churchill’s words not to “let a perfectly good crisis go to waste..”; … Continue reading COVID and White Collar Crime

A Charter For Reform in Procedural Criminal Laws | Ensuring ‘Justice’ in the Criminal Justice System

Nothing affects our lives and our liberty more directly than criminal law, and yet, nothing has been treated with greater disdain as far as law reform is concerned. We’ve talked … Continue reading A Charter For Reform in Procedural Criminal Laws | Ensuring ‘Justice’ in the Criminal Justice System

Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials

This column is based on talk delivered by Bharat at the National Police Academy to a batch of 132 IPS officers/probationers, currently on training, with the very able assistance of … Continue reading Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials

Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?

First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?”  William Shakespeare, Romeo and Juliet Is Privacy … Continue reading Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?

Can the accused rely on material beyond the chargesheet – at the stage of discharge?

First appeared at https://www.mondaq.com/india/court-procedure/680992/the-shifting-judicial-sands-on-accused39s-right-to-rely-on-exculpatory-material-at-the-stage-of-discharge A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right … Continue reading Can the accused rely on material beyond the chargesheet – at the stage of discharge?

Taking White Collar Crime Seriously

A financial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of financial shenanigans but also lays bare – the true financial position of a lot of corporations.

Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence

“If I want to deprive you of your watch, I shall certainly have to fight for it; if I want to buy your watch, I shall have to pay for … Continue reading Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence

Indian Extradition Law Demystified (Part 1)

In this column, I try and explain the basics of the Indian Extradition Law. A law that often proves to be as elusive as the very fugitive that it seeks to deal with. I’ve tried to unpack the fundamental principles of extradition law, extradition treaties and the broad process; I also briefly flag the common defenses available to an extradition request.

The Passcode on your phone, the right to privacy and protection against self incrimination

An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental right to privacy.

All you need to know about the Law relating to Money-Laundering in India

The Indian Government’s crackdown on black money continues unabated and a spate of prosecutions have been launched in the recent times under the Prevention of Money Laundering Act, 2002. This article is an attempt to demystify the law relating to money laundering in India and provide a brief overview of its scheme and operation.

Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.

Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in … Continue reading Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.

Role of a Magistrate in a Criminal Investigation

Authored by Bharat Chugh[1] INTRODUCTION A young bank official named Joseph is arrested by two policemen one fine morning, without even being informed why. Joseph is outraged. Till his death, Joseph … Continue reading Role of a Magistrate in a Criminal Investigation