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Category: Criminal Law

December 16, 2017 Constitution of India / Cr.P.C / Criminal Law / Uncategorized

Whether the accused can rely on material beyond the chargesheet to seek a discharge?

The answer to the above question has always been ‘No’. The settled law in this regard is that the court

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December 9, 2017 Constitution of India / Criminal Law

Draconian bail provision under Prevention of Money Laundering Act (“PMLA”) struck down by the Supreme Court as arbitrary, unjust, violative of constitutional guarantee of ‘equality’ and ‘due process’ and, therefore, UNCONSTITUTIONAL….

The decision under discussion is the latest ruling of the Hon’ble Supreme Court in Nikesh Tarachand Shah v. State (2017

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April 4, 2017 Cr.P.C / Criminal Law / Uncategorized

Complaint w.r.t offence u/s 182 of the IPC not maintainable without compliance with Section 195 of the CrPC rules the Supreme Court

The Supreme Court recently in Saloni Arora v. State (NCT of Delhi), (2017) 3 SCC 286 has held that a case for

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April 4, 2017 Criminal Law / Uncategorized

Latest Supreme Court order in relation to inadequacies and deficiencies in Criminal trials with special reference to recording of evidence and judgment writing.

Latest Supreme Court order in relation to inadequacies and deficiencies in Criminal trials with special reference to recording of evidence

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March 12, 2017 Constitution of India / Criminal Law / Uncategorized

Self incrimination and Voice Samples. Can an accused be directed to give voice samples for evidentiary purposes…read on

The two short questions that this post purports to answer is : Whether directing an accused to give voice samples (voice

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December 25, 2016 Criminal Law / Indian Penal Code / IT Act / Uncategorized

Obscenity over the Internet ? Section 292 IPC not attracted, rules the Supreme Court.

The Supreme Court recently in Sharat Babu Digumarti v. Govt. of NCT of Delhi – 2016 SCC OnLine SC 1464, has ruled

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December 14, 2016 Criminal Law / Indian Penal Code / Law of Corporations

On Principles relating to Corporate Criminal Liability : A note on the recent judgment in Sunil Bharti Mittal v. CBI (2015)

The Hon’ble Supreme Court recently in Sunil Bharti Mittal v. Central Bureau of Investigation (2015) 3 judges bench has clarified

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December 9, 2016 Cr.P.C / Criminal Law / Uncategorized

Whether amendment in a criminal complaint case is permissible or not  ? 

The Hon’ble Supreme Court in S.R.Sukumar vs. S.Sunaad Raghuram. (2015) 9 SCC 609, answers in the affirmative. The Court held :- “What

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December 2, 2016 Constitution of India / Criminal Law / Uncategorized

 Artistic Freedom Versus Law of Obscenity.

In a huge boost to ‘Freedom of Speech and Expression and Artistic Liberty’, the Hon’ble High Court of Madras in Perumal

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December 1, 2016 Criminal Law / Law of Corporations / Uncategorized

Corporations and the Law of Defamation : On whether a company can be an ‘accused’ or a ‘complainant’ in a criminal action for defamation ?

The Law of Defamation has been a topic of intense legal debate in the recent times. Apart from a recent

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