Category: White Collar Crime
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BNSS : Mandatory Videography of Search & Seizure – A few thoughts.
The BNSS (Bharatiya Nagarika Suraksha Samhita) brings about several notable reforms in the criminal justice system. One of the changes that stands out, and…
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Provision relating to handcuffing under the BNSS
The relevant provision i.e S. 43(3) of the BNSS. reads : To summarise, now a person may be handcuffed while being arrested or on production…
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Some time-lines under the new BNSS.
Here are few time-lines provided by the new CrPC avatar : The BNSS. Action Time limits Conducting Preliminary enquiry Within 14 days Electronic communication…
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Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
Context Abuse of the criminal justice machinery is rampant in India. People are often wrongly implicated in criminal cases and deprived of their personal…
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Right of the Victim to be heard in a Revision petition filed by the Accused
Are we still arguing this? Wasn’t this decided already? Well, the answer is Yes AND No. Taking a step back for a moment and…
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Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
Weaponisation of the Criminal Justice System and Perjury is rampant in India. False criminal cases are routinely filed to settle scores. In these cases,…
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Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in…
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PMLA – A (P)oem On the (M)oney (L)aundering (A)ct.
“It’s very genesis is illegal; it can’t be a Money Bill! This vitiates everything; a lacunae that you can’t fill!” This issue – we…
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Some thoughts on the distinction between a mere breach of contract and offence of cheating.
The clear distinction between these two concepts is often ignored. Often deliberately – with a view to turn a patently civil dispute into a…
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Law in 100 Words | Part 5 | Court’s power to direct ‘no coercive steps’ against the Accused.
High Courts and the Supreme Court have the power to direct the police ‘not to take any coercive steps against the accused’. Such power…