The Court starts off by examining the scope of scrutiny & jurisdiction of the High Court – while acting under Article 226 of the Constitution and Section 482 of the … Continue reading Key takeaways from the SC verdict in Arnab Goswami bail matter
Authored by Bharat Chugh and Nimrah Alvi First published by Bar & Bench at https://www.barandbench.com/columns/arbitrary-execution-of-foreign-letters-of-request-under-the-pmla I want the cultures of all lands to be blown about my house as freely … Continue reading Arbitrary Execution of Foreign Letters of Request under the PMLA.
Isn’t it too late in the day to be deciding this, you ask? Shouldn’t something like this – which goes to the very basics of a criminal justice system – … Continue reading Who really is a “police officer?”. A quick case comment on the Supreme Court decision in Tofan Singh v. State of Tamil Nadu (2020 SCC OnLine SC 882)
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
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
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
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?
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?
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.
“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
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.
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.