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.

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

ARREST AND BAIL UNDER THE GST LAW (GOODS AND SERVICE TAX) (GUEST POST)

Shreyash and Sushant write on an area that is fraught with great confusion : the power and procedure of arrest under the GST laws and the permissibility of Bail/Anticipatory Bail. POWER TO ARREST UNDER GST Let’s say a businessman, Mr X, gets arrested for flouting taxation laws by allegedly issuing fake invoices in order to … Continue reading ARREST AND BAIL UNDER THE GST LAW (GOODS AND SERVICE TAX) (GUEST POST)

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

Understanding white collar crime (webinar)

A great conversation with Beyond Law CLC team and young lawyers/law students from P&H, and across the country on issues relating to White Collar Crime (WCC) defence. The conversation ranged from : What really is ‘White Collar Crime’? and the criminology behind it, to a brief overview of principles of corporate criminal liability and salient features of … Continue reading Understanding white collar crime (webinar)

Key takeaways from the SC verdict in Arnab Goswami bail matter

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 CrPC. The Court then examines the true import of the decision in Habib Jeelani (SC) which advises judicial restraint in such matters and cautions against routine … Continue reading Key takeaways from the SC verdict in Arnab Goswami bail matter

Arbitrary Execution of Foreign Letters of Request under the PMLA.

Authored by Bharat Chugh and Nimrah Alvi[1] 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 as possible. But I refuse to be blown off my feet by any. Mahatma Gandhi In a debilitating blow to their functioning, the Enforcement Directorate … Continue reading Arbitrary Execution of Foreign Letters of Request under the PMLA.

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)

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 - be settled for good by now? Well, the law on this point - as the discussion below would reveal - has meandered (instead of evolving!). … 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)